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(영문) 부산지방법원 2017.01.13 2016노3701

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The crime of this case is a crime of food materials supplied as school meal service to students. It seriously undermines the students' school meal itself's safety and confidence in the related persons, such as school meal itself, sanitary problems, etc., as well as the other companies that have participated in the tender normally are deprived of the opportunity to receive a successful bid, so there is a need to punish them from a general preventive point of view so as to eradicate various corruptions. The defendant prepared ten food materials suppliers at least 60 billion won a month after he prepared to bid on the School Meal Electronic Procurement System at least 6.6 billion won a total sum of 2.6 billion won among them. In light of the fact that the method of crime is very secret and the number of crimes committed, the period of crime, and the scale of transactions awarded a successful bid, etc., and the case is extremely less unfavorable to A's employees who have participated in the tender, as the result of the crime of this case's health examination to ensure that A's average health examination system was submitted as a result of the crime of this case.

However, in the case of the crime of interference with tendering, the defendant's mistake is against himself, and the competition in the industry was committed to raise the successful bid rate, and the defendant's failure to complete the suspicion and led to the above crime, and the defendant's profit acquired from each of the crimes of this case is not very large.