Defendant

All appeals filed by B, C, and D and prosecutor against the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant B 1) misunderstanding of facts or misunderstanding of legal principles, or R Co., Ltd. (hereinafter “R”).

(1) and limited liability companies and directors (hereinafter referred to as “O”)

B) As between March 25, 2009, the supply contract of materials (hereinafter “instant supply contract”) was concluded.

) The M Corporation (hereinafter referred to as “instant Corporation”) shall be deemed to be the M Corporation.

(2) The lower court’s judgment that recognized Defendant C as a crime of giving KRW 20 million as a crime of giving property in breach of trust even though the procedure for concluding a contract was not beyond the normal scope of business, which erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s punishment (one year of imprisonment, two years of suspension of execution, nine million won of surcharge), as to the crime of giving property in breach of trust and the crime of acquiring property in third parties, is unreasonable.

B. Defendant C1) Based on the erroneous determination of facts, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment. O and N Co., Ltd. (hereinafter “N”) jointly receiving the instant construction.

As a result of consultation, there was no special objection regarding the progress of construction between the joint contractor and the Defendant D, and there was no illegal solicitation. It was true that the Defendant reported that O’s employee S received KRW 20 million from Defendant B, who received the said money from the site employee, ordered the site employee to divide the said money. However, there was no illegal solicitation between the Defendant and Defendant B. 2) The lower court’s punishment (one year and six years of suspension of execution, 20 million won of imprisonment) against the crime of giving or receiving property in breach of trust, and the crime of giving or receiving property in breach of trust, and the crime of giving or receiving property in a third party (one year and six months of suspension of execution) is too unreasonable.

C. Defendant D1’s mistake of facts