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(영문) 광주고등법원 2015.04.23 2015노90
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (two years of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant C by the Prosecutor (three years of imprisonment with prison labor for a two-year grace period) is too unhutiled and unreasonable.

2. Determination

A. In light of the fact that Defendant A (hereinafter referred to as the “Defendant” in this paragraph) was recognized to have obtained by deceptions from Defendant A on the assertion of unfair sentencing regarding Defendant A’s assertion of unfair sentencing, it is necessary to strictly punish Defendant A in light of the following: (a) the total sum of the amounts recognized to have been obtained by deceptions exceeds KRW 2.4 billion; (b) the damage to the Korea Railroad Corporation, the victim, was not repaid; and (c) the

However, the parts supplied by the defendant to the Korea Railroad Corporation were all of the quality test of the Korea Railroad Corporation and there was no critical defect in quality. Since the Korea Railroad Corporation used parts supplied by the defendant without any specific degree even after the issue of this case, it can be said that there was no actual damage caused by the Korea Railroad Corporation. After the discovery of this case, "bending" among parts supplied by the defendant, was changed from foreign parts to domestic parts, and the defendant heard the statement that it is possible for the defendant to participate in bidding with products produced in Korea from the above defendant who is an employee of the Korea Railroad Corporation, and the employees of the Korea Railroad Corporation had taken the same delivery method as this case, and it was difficult for the defendant to recognize that such delivery method was illegal. Since it seems that it was difficult for the defendant to recognize that the delivery method was illegal, if the defendant deducts various expenses such as product cost, transportation cost, etc. from the amount received by the Korea Railroad Corporation, it seems that there is no actual profits that the defendant actually acquired from the deduction of various expenses from the amount of the defendant's funds provided by the defendant C.

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