The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for seven years.

3.60 billion won from the defendant. 81.6 million won.

1. Progression of litigation and scope of adjudication of this court;

A. The lower court determined that among the facts charged in the instant case against the Defendant, it acquitted the Defendant on the following grounds: (a) the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), fraud, attempted fraud, interference with the disabled business, and (b) the Defendant guilty of interference with tendering, and sentenced the Defendant to the penalty of KRW 7 years, KRW 360 million, and KRW 3681,60,000,000, and sentenced the Defendant to the penalty of breach of trust; and (c) the receipt of the certificate of

B. 1) Prior to remand, the Defendant appealed against the guilty portion of the judgment below on the ground that ① there was a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), fraud, fraud, misunderstanding of facts and legal principles concerning deception of fraud, conspiracy of joint principals or functional control over the act of fraud, ② misunderstanding of legal principles as to the separate establishment of fraud in addition to the interference with bidding, ③ misunderstanding of facts and legal principles as to the conspiracy of fraud, and ④ misunderstanding of facts and misapprehension of legal principles as to sentencing, and revocation of the appeal by mistake and misunderstanding of legal principles on the fourth trial date of the trial prior to remand.

① The Prosecutor appealed to the entire judgment of the lower court on the grounds of the misunderstanding of the facts, misunderstanding of the legal principles as to the portion not guilty as to the receipt of the certificate of breach of trust, and the receipt of the certificate of breach of trust, misunderstanding of facts and misunderstanding of legal principles as to calculation of the

2) Prior to remand, the appellate court rejected the Defendant’s wrongful assertion on the sentencing of the Defendant, and the Prosecutor’s misunderstanding of the facts and misapprehension of the legal principles as to the calculation of the amount of additional collection, among the grounds for appeal regarding the guilty portion, and rejected the Prosecutor’s appeal against the acquittal portion of the judgment below, and rejected the Defendant’s allegation of misunderstanding of the facts and misapprehension of the legal principles as to the Defendant’s misunderstanding of the fact that the guilty portion is reversed and the Defendant was sentenced to additional collection of KRW 9 years, 368,160,000,000,000 for the Defendant