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(영문) 부산지방법원 2013.04.05 2012노2035

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor to the summary of the grounds for appeal (in particular, the statement at each investigation agency of H, G, L, and I and the statement at the court of original instance of N) the defendant committed a fraudulent crime as stated in each of the facts charged in this case. However, the court below acquitted the defendant of each of the facts charged in this case. Thus, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the

2. Determination

A. The judgment of the court below is examined as to whether the defendant alleged as the premise of common deception in each of the facts of this case stated in the facts of this case as to whether he had no authority to select a subcontractor for the remodeling project in the Ansan River Areas from H, the representative director of the corporation D (hereinafter referred to as "D"), and further stated to the purport that "H, the representative director of D, did not grant the defendant any authority to select a subcontractor for the remodeling project in the Ansan River Areas." However, the court of the court below stated that "I granted the defendant the authority to select and sell a subcontractor for the remodeling project in the Ansan River Areas in the investigative agency," unlike this, the court of the court below stated that "I would like to confirm in the process of dialogueing M (D's executive director's position) after a week in the investigative agency, so that I would not be responsible for the aforementioned remodeling project because it can be excluded from the court of the court below's statement that "I would be a false statement to the investigative agency, such as the possibility that I would be responsible for the above remodeling project."