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(영문) 서울고등법원 2019.05.10 2019노23

특정경제범죄가중처벌등에관한법률위반(사기)

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

. is.

Although the size of the material specification is 25.3 * 1,650m, the remainder 350m cannot be used in any other place, so it must be included in the material cost as a matter of course.

In addition, the Defendant asserts to the effect that “The material cost in the application for a decision on reimbursement” was written in 25 m25 m25 m25 m25 m25 m25 m25 m560 m2, the material cost column No. 25 m3 *576m2, the actual standard was 25.3 * 576m25 m25.3 * 5,400m2 and 9 m216m216m2.

The argument is "........."

However, in light of the above Main Guides Pipe and GUD PIPE's material cost column, material cost size, size, unit price, etc., the above two materials appear to be materials using a pipe pipe with the same thickness, so if the length of each material is 1,650m, 576m, such as the material specification, it would have been 25 * 2,400m pipeline and the above two materials could have been obtained.

Nevertheless, the Defendant stated the above two materials in the material cost column in the application form for decision on reimbursement * 25 2,400 m pipeline input ratio per material to 0.83 and 0.23 m pipe, respectively, and deemed that the material cost was unfilled. Therefore, it is difficult for the Defendant to include the remaining aluminium cost claimed by him in the material cost as it is.

Although it does not account for a large portion of the material cost, the remaining part of the Aluminium pipe is also used in the application for wage decision 29 * 510 m (28.5m in the material specification) mixed with 29 and 28.5m (29 m in the material specification). * 22 *350m (22*326m in the material specification in the material specification), the standard at the time of purchase of the RET PIP (28.5m in the material specification) is used as indicating the pipes of the same size. * 22 * 350m in the purchase of the RET PIP (material cost No. 5 in the material specification). < Amended by Presidential Decree No. 16422, Sep. 19, 199>