(영문) 전주지방법원 2016.04.21 2015노1849 | 리걸엔진

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(영문) 전주지방법원 2016.04.21 2015노1849

사기등

Text

The judgment below

Part concerning the second crime in the judgment shall be reversed.

October shall be punished by imprisonment with prison labor for the crimes of No. 2 of the judgment of the defendant.

Reasons

1. Summary of grounds for appeal;

A. As to the crime No. 1 in the judgment of the court below, the Defendant did not have any criminal intent to acquire the Defendant, since the Defendant was aware that A, who operates K, was awarded a subcontract for the construction of the modern steel fuel processing plant.

② In relation to the crime of fraud on February 28, 2008, the Defendant did not receive any money in the name of the rebates and did not acquire any money in the name of the rebates.

The crime of fraud on February 28, 2008 is unrelated to the defendant as the independent day by H, E, and F.

2) As to the crime No. 2 of the holding, the Defendant entered into a contract with P’s name and the O’s representative director after obtaining the consent of the representative director of the O Co., Ltd. (hereinafter “O”).

② Since the orders of the Defendant’s contract for the restoration of original state (hereinafter “instant contract”) concluded with Q Q (hereinafter “instant contract”) are N Co., Ltd. that is not the Defendant, the Defendant is not obligated to pay the cost of construction to Q Q.

Even if the Defendant is liable to pay the construction cost, the Defendant had the intent and ability to pay the construction cost, as well as other construction works at the time of entering into the instant contract.

B. Illegal sentence of the lower court (a crime of No. 1 in its holding: imprisonment with prison labor for 6 months, 2 years of suspended sentence, and 2 years of suspended sentence: imprisonment with prison labor for one year) is too unreasonable.

2. Determination

A. 1) In full view of the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding the crime No. 1 in the holding, the Defendant conspired with A, E, F, and H as stated in the judgment of the lower court in collusion with the crime No. 1 in the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the first instance, and the Defendant

A) At an investigative agency, A is a modern file while the defendant is working for the factory he operates.

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