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(영문) 서울고등법원 2017.02.07 2016노2276
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable because the court below's sentence (4 years of imprisonment with prison labor) declared by the defendant is too unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

The Prosecutor supplied 13,163 parts necessary for the manufacture of munitions, such as KMK45 Bags, 76m Bags, K-9 Bags, and K5A1 Bags over 114 times in total, and received the payment of USD 994,66.59 ($ 1.1.2435,055 won in the value of supply) in order by deceiving the person in charge of the KMK and the Defense Business Agency, who had verified the performance of domestic parts as above, in a disguised manner as if the performance of domestic parts was verified.

Accordingly, the defendant, in collusion with F and G, acquired 1.1.2435 million won from the victim in Korea.

The part of “” was supplied with 12,024 parts necessary for the manufacture of munitions, such as KMK45 boxes over 105 times in total, 76m booms, K-9 p.m. and K5A1 p.m., and received the payment of USD 948,086.35 in total for the price of supply by deceiving the person in charge of the KMK and the Defense Business Administration, who is a U.S. component with verified performance of domestic parts as above, in a disguised manner as if the performance of domestic parts was proven.

Accordingly, the defendant, in collusion with F and G, acquired the victim's 1 billion won from the Republic of Korea by deceiving 80 million won from the victim.

"Along with the judgment of the court below, each application for changes in the list of crimes in the annexed Form to the list of crimes in the annexed Form was filed, and this court permitted the changes in the subject of the judgment.

Therefore, the judgment of the court below can no longer be maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

b) the summary of the evidence and evidence.

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