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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for two years and for one year and six months, respectively.
(2).
Reasons
1. The judgment of the court prior to the remanding the scope of the trial is reversed and remanded to the conviction of the defendants A as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the defendants who were found innocent by the trial prior to the remanding the scope of the trial, and the judgment of the court after the remand is limited to the violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the defendants, who were not guilty by both parties.
2. The court below asserted the misconception of facts and misapprehension of legal principles as to the defendants' violation of the special laws (Fraud) in the grounds of appeal on the premise that the products subject to examination of the process of the examination of the excellent procurement products are products subject to the application of the meat arrangement technology and the emulation technology (the specific contents of each technology are the contents of each week at the fourth bottom of the judgment below), but it is erroneous that the products are not subject to the application of the performance certification and various test reports, etc. submitted at the time, and thus, it is not erroneous. The process of concluding the third party unit price contract after the selection of the excellent procurement products cannot be viewed as a separate deception by the defendants in this process in the inevitable order where the excellent procurement products are selected. It is difficult to regard the third party unit price contract as the disposal act by the defendants, and it is difficult to regard the third party unit price contract as the disposal act by the deceptive act of the defendants. The court below erred by clearly misunderstanding the facts by understanding the Public Procurement Service as the victim
Since all the goods received by the defendant cannot be considered as the amount of profit of the fraud crime, the fraud crime in this case can be punished as a violation of special laws because the amount of profit is not specified.