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(영문) 서울고등법원 2018.08.02 2018노86
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

The court below found the defendant not guilty on November 2, 2009 of the facts charged in this case on the ground that the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) was not proven. However, the court below found the defendant not guilty on the ground that this part of the facts charged was related to the violation of the Act on the Aggravated Punishment, etc

However, since only the Defendant appealed against the guilty portion of the judgment below, the aforementioned acquittal portion was transferred to this court in accordance with the principle of indivisible appeal but was excluded from the object of attack and defense between the parties and was actually excluded from the object of attack and defense.

Therefore, this Court decides to follow the lower court’s conclusion as to the portion not guilty of the above reasons.

misunderstanding of the facts or misunderstanding of the legal principles on the grounds of appeal [the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)] is not admissible as evidence because the part of the statement made by the defendant to the prosecution against the defendant involved in the evidence is not voluntary.

On December 2010, December 2011, and November 2012, the name of the defendant was changed to L(the "O of an incorporated association" on April 23, 2012.

At the time of submitting each business plan in the name of “L” (hereinafter referred to as “L”), JJ Co., Ltd. (hereinafter “J”) operated by Defendant (hereinafter referred to as “J”) was a consortium project for the development of national human resources (former name was “small and Medium Enterprise Training Consultative Project”).

It is based on the premise that it could not be selected as an operating institution of the consortium.

However, around September 2009, the defendant applied for a consortium project in the name of L, commercial enterprises could be selected as a management institution of the consortium project, and thereafter, the development of national human resources.

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