The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for a year and a fine of twenty million won.

The above fine shall be imposed on the defendant.

1. The following facts are acknowledged according to the fact-finding process and the evidence duly admitted and examined by the court below.

A. ① The Korea Environment Corporation, including the Design Advisory Committee of the Korea Environment Corporation, is a quasi-governmental institution under the jurisdiction of the Ministry of Environment established by integrating the Korea Environment and Resources Corporation and the Environmental Management Corporation on January 1, 2010.

(2) The Korea Environment Corporation is composed of a review advisory body under the Construction Technology Management Act, and the number of its members has increased to about 1,500 persons in 2010, but it has increased to about 2,000 persons in 20 years.

③ The Defendant was commissioned as a member of the Environmental Management Corporation Design Advisory Committee, setting the term of appointment from May 1, 2009 to April 30, 2012.

On January 1, 2010, the Korea Environment Corporation, which was launched on January 1, 2010, recognized the status as a design adviser of the Korea Environment Corporation, as it is, in the case of a “commissioned Design adviser

The Korea Environment and Resources Corporation did not have a design advisory committee.

(1) On May 28, 2010, the Korea Environment Corporation and the Design Advisory Committee organized a design review subcommittee for the purpose of “the qualified review of alternative designs” in accordance with Article 85(6) of the Enforcement Decree of the Act on Contracts to which the State is a Party” means a package deal tender for the design and construction of documents prepared and submitted along with tender documents at the time of tender in accordance with the basic plan and guidelines for package deal tender presented by the Government (Article 79(1)5 of the Enforcement Decree of the Act on Contracts to which the State is a Party). For the purpose of “the qualified review of alternative designs”, 50 members were commissioned as follows:

Article 19(7) of the Guidelines for the Operation of the Design Advisory Committee (hereinafter referred to as the "Guidelines") prohibits the concurrent positions of commissioned design advisory members and design deliberative members.