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(영문) 서울고등법원 2016.04.07 2015노2364
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. At the request of J, the representative director of G Co., Ltd. (hereinafter “G”), the Defendant, including mistake of facts, supplied DB2 software (hereinafter “instant software”) to this F, Korea ABM (IBM).

(2) The supply transaction agreement between the corporation and the corporation (hereinafter referred to as the “CCB”) at the intermediate stage of the settlement of the goods

(C) The Defendant was aware of the fact that the Defendant was aware of the fact that the Defendant had a criminal intent to acquire goods, and that there was no act of disposal due to the mistake of the C&B or any act of disposal due to the mistake of the C&B or any act of disposal due to the mistake of the C&CB, and that G acquired the pecuniary profit by means of the C&C transaction between the C&B and G solely on the basis of the C&C and G.

Although the court below did not render a judgment as guilty of the primary facts charged of this case, the court below erred by misunderstanding of facts, misunderstanding of legal principles, or incomplete hearing.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

The Prosecutor changed the facts charged as follows among the facts charged in the instant case at the trial. The Prosecutor changed the ancillary facts charged as the 2 preliminary facts, and the facts charged as the 1st Preliminary charges. The Defendant, “The Defendant was working as the Vice President of E,” and “the Defendant was working as D’s representative,” and the Defendant’s “be kept in custody at the time of his/her custody, such as gambling funds, loan repayment, etc.” in the 13th parallels.

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