All appeals filed by the defendant and prosecutor are dismissed.

On November 10, 1998, the summary of the facts charged [basic facts] Victim B Co., Ltd. (hereinafter “victim Company”) and C Co., Ltd. were jointly awarded a contract for E Development ProjectFF from the ordering D Co., Ltd. (hereinafter “Co., Ltd.”) and the Defendant’s management company G Co., Ltd. (hereinafter “G”) awarded a subcontract for the tunnel soil work among the aforementioned F Co., Ltd. and C Co., Ltd. (hereinafter “T”) and the tunnel reinforced concrete construction work among the aforementioned F Co., Ltd.

After that, the victim company, C stock company, and the Defendant changed the contract to December 31, 201, by either increasing the contract amount or extending the time limit for completion, 13 times for the renewal of the contract, 12 times for reinforced concrete construction. Ultimately, on December 30, 201, the victim company, C stock company, and the Defendant changed the contract amount to KRW 4.14 billion, 4.7 million, the amount of reinforced concrete construction, KRW 2.64,825 million, and each completion date on December 31, 2012, and the Defendant completed the said subcontracted construction on December 31, 2012.

On the other hand, as the defendant and the defendant did not reach an agreement on the settlement of construction cost, the victim company deposited the amount of KRW 27,1610,000 on June 28, 2013, and KRW 6,340 on July 5, 2013, respectively.

【Criminal Facts】

On December 15, 2001, at the time of concluding the instant subcontract agreement, the Defendant and the victim company: (a) had a relation that the subcontract price falls short of 82% of the amount of the original contract and is likely to undergo an examination on the propriety of subcontracting as determined by the Framework Act on the Construction Industry; (b) had a separate contract under which, in order to avoid this, some construction items are excluded from the actual contract or less than the scope of the construction works, only the total amount of the unit price for the remaining construction items is equal (hereinafter referred to as “the contract for notification of the ordering person”) and notified the said ordering person as if it were the actual contract (hereinafter referred to as “the side contract”). The contract is renewed by December 31, 201.