The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

1. Progress of judgment and scope of judgment of this court;

A. The prosecutor prosecuted the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter "Act on the Aggravated Punishment, etc. of Specific Economic Crimes"), fraud, bidding interference, promotion of information and communications network utilization and information protection (hereinafter "Information and Communications Network Act"), and the lower court convicted the Defendant of all the charges and sentenced the Defendant to five years of imprisonment.

B. Accordingly, the Defendant appealed on the grounds of misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of sentencing, and unfair sentencing. In the trial prior to returning, the prosecutor filed an application for changes in indictment with the intent to reduce the amount acquired by deception to a considerable extent of the construction cost paid by the ordering authority in relation to certain violations of the Act of the Specific Economic Crimes (Fraud) and frauds, and the judgment prior to returning was permitted.

(c)

Before remanding, the judgment of the court below is reversed ex officio on the grounds of changes in the subject of adjudication following the above amendment of the bill of amendment, and the defendant was sentenced to four years of imprisonment with prison labor, recognizing that the changed violation of the Act of the Specific Economic Crimes (Fraud) and fraud, interference with existing bidding, and violation of the Information and

(d)

Therefore, the Defendant filed an appeal on the ground of incomplete deliberation and misunderstanding of legal principles, and the Supreme Court rendered a judgment of remanding the entire judgment of the party prior to the return, on the ground that there was an error of law by misunderstanding the legal principles as to the profit amount of the crime of violation of the Act of the Specific Economic Crimes (Fraud) and the calculation of the amount of fraud fraud, thereby affecting the conclusion of the judgment.

E. Ultimately, according to the purport of the judgment of remand, the entire judgment of the court below constitutes the scope of the judgment of this court.

2. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of the legal principles 1) The Defendant is erroneous as to the violation of the Act of the Specific Economic Crimes (Fraud), fraud, and interference with bidding. ① On July 1, 2009, the Defendant is erroneous as to ① “AV” (attached Table 1 attached hereto) at the time of literature around July 1, 2009, ② “AW” (attached Form 1 attached hereto) at the time of stay at around July 28, 2009.