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(영문) 춘천지방법원 강릉지원 2017.11.09 2017노93
사기등
Text

The judgment below

The part against the Defendants is reversed.

[Defendant A and B] Defendant A and B shall be punished by imprisonment with labor for one year.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (2016 order 980, 1047, 1368) and misunderstanding of the legal principles) fraud of the cost of goods (a misunderstanding of the facts and misunderstanding of the legal principles)

subsection (b) of this section.

(1) Under R, the Plaintiff ordered that a contract for construction works, purchase of goods, etc. should be entered into preferentially with a local company. Under this policy, the Defendant provided various retailers with the opportunity to supply goods within R area, and the Defendant’s provision of goods to Defendant C and F was returned to such business activities.

Defendant

C and F are supplied through enterprises located in Seoul and they can get out of circulation.

There was no idea that the goods will be delivered without the delivery of the goods.

The purchase of Dor R’s goods shall begin mainly at the request of the cocoin for the purchase of goods.

The public official in charge has no professional knowledge about the goods purchased, and the co-author's opinion is bound to be followed.

Since the supply of goods is performed at a place where coaches or players are located, it is not possible for the public official in charge to directly confirm it, and it is difficult to check if players have trained outside.

The public officials in charge of the defendant, including the defendant, shall manage goods contracts with more than 50 items per year. Each goods contract includes several or several items, and it is difficult to confirm daily in person due to delivery of each item.

For this reason, the officer in charge of the cocoin's confirmation of delivery has a practice to believe it and prepare the tallying protocol.

According to these practices, the Defendant confirmed whether to deliver goods to Defendant B.

However, Defendant B received the delivery despite the absence of delivery

A false statement shall be made and the defendant shall be reappointed.

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