사기등
The judgment of the court below (excluding the part of each occupational breach of trust against K Co., Ltd.) shall be reversed.
Defendant
B. Imprisonment.
1. The Defendants appealed from the lower court’s conviction of all the instant facts charged at the lower court. In the judgment prior to remand, the Defendants were acquitted of the part on the occupational breach of trust related to K Co., Ltd. (hereinafter “K”).
As the Supreme Court dismissed the prosecutor's appeal on the acquittal portion, the above part of the occupational breach of trust became final and conclusive.
Therefore, the part of the crime of occupational breach of trust, which became final and conclusive as not guilty, is excluded within the scope of this Court.
2. Summary of grounds for appeal;
A. In misunderstanding of facts and misunderstanding of legal principles, the Defendants supplied 177,045,660 won in total under the J’s name when the Defendants supplied reagents, fixtures, etc. to the Victim Korea Bio-biotechnological Research Institute, and supplied 422,693,998 won in total under K’s name as stated in the A’s respective acceptance certificates, but there was no actual supply of reagents, fixtures, etc., but correspondingly, the Defendants actually supplied other items’ reagents, fixtures, etc. as follows. As such, the Defendants suffered property damage to the Korea Bio-biotechnological Research Institute.
It is difficult to deem that there exists an intention to acquire unlawful profits. If part of the actual supply amount cannot be paid with the budget, and the amount of damages can only be included in the amount of damages, the amount of damages should be deemed as an unforeseeable amount.
① From the proceeds of processing and delivery related to J, the crime of occupational breach of trust is not established against KRW 173,390,750, which is an amount equivalent to the price of the goods actually supplied. As such, the Defendants’ property damage inflicted on the Korea Institute of Bioscience and Technology through this part of the crime is merely KRW 3,654,910.
(2) With respect to the price for processing and delivery related to K, the total amount paid by the Victim biotechnological Research Institute to K, including the price for the details of processing and delivery of goods actually supplied by 834,756,505 won.