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(영문) 서울고등법원 2015.10.29 2015노1606

사기등

Text

1. Of the judgment of the court below against Defendant A, the part concerning the first and second crimes committed by Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) In relation to the claim for false amount of telephone publicity system quantity, Defendant A did not install the telephone publicity system due to changes in the situation of a political party Y, the other party, and thus, Defendant C, D, E, and there was no fact of conspiracy with Defendant C, D, E, and Defendant A did not have an intention to acquire it by fraud since Defendant A did not have an intention to obtain it by fraud, as the compensation for election expenses was claimed by the

In addition, Defendant A did not have any intention to make false entries in the evidence related to the cost of installation.

B) The calculation of the telephone promotion system call fee was carried out by B on the sole basis of B, and Defendant A did not have the intent to obtain money, as it did not know that the statement of the use of the telephone was made by falsity, and thus, Defendant A did not have the intent to obtain money. The CDR, which was released from the server, which was the evidence, which served as the basis for calculating the telephone promotion system call fee, (hereinafter “CalD Data Red Co., Ltd”).

) Data (hereinafter referred to as “Caldi original data”)

(B) Cr. D. C. C.O.T.P.P.P.P.P. portion of C.P.P.P. § 25(b)

In addition, Defendant A did not have any intention to make false statements on documentary evidence related to telephone publicity system monetary fee. 2) The sentence of the lower court against Defendant A of unfair sentencing (the first and second crime as stated in the judgment of the lower court: imprisonment with prison labor for 2 years, and imprisonment for 3 through 6 crimes as stated in the judgment of the lower court: imprisonment with prison labor for 8 months) is too unreasonable.

B. The sentence of the lower court against Defendant C (the first crime in the judgment of the lower court: imprisonment with prison labor for 4 months, 2 years of suspended execution, 3 and 5 crimes in the judgment of the lower court: fine of 4 million won and additional collection KRW 10 million) is too unreasonable.

C. The sentence of the court below against Defendant D (the first crime in the judgment of the court below: imprisonment with prison labor for 6 months, 2 years of suspended execution, 3 years of decision: fine of 2 million won) is too unreasonable.

Defendant

E 1 False claims for the amount of telephone publicity system due to mistake of facts and misapprehension of legal principles.