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(영문) 대전지방법원 2017.04.14 2017노362

사문서위조등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (1) The judgment of the court below which acquitted the defendant as to the charge of obstruction of bidding on the following grounds: (a) The defendant forged a certificate of completed performance of construction works under the name of H and J; and (b) submitted it to the person in charge of the charge of the charge of the charge of the charge of the charge of the charge of the forgery; and (c) the defendant not guilty of the charge of the charge of the charge of the charge of the charge of the charge of the forgery of a falsified private document and the use of the above investigation document; and (b) the act of obstruction of bidding constitutes a lawful and fair competition, and the act of impairing the fair competition, and the result does not require that

2. Determination

A. The lower court, based on the evidence submitted by the prosecutor, proves that the facts charged in the instant case are beyond reasonable doubt, to the extent that there is no reasonable doubt.

Rather, according to H and M’s legal statement, H and J, which were the Director of the Management Office, cannot be seen as completely excluding the probability that they issued each of the certificates of completed performance of the instant case, and thus, they acquitted each of the facts charged of the instant case on the ground that each of the instant facts charged constitutes a case where there is no proof of crime.

Examining the evidence duly adopted and examined by the court below in light of the records, the recognition and judgment of the court below is acceptable, and there is no violation of law as alleged in the grounds of appeal.

B. Determination as to interference with bidding (1) The Criminal Act provides for a crime concerning credit, business and auction in Chapter 34 and disseminates false facts, or interferes with another person’s business by fraudulent means or by force (Articles 314(1) and 313 of the Criminal Act), and a person who interferes with the fairness of auction or bidding by a deceptive scheme or by force or by any other means.