logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.11.02 2017노1530
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment of two years and six months, Defendant B, and Defendant B.

Reasons

Defendant A: The summary of the reasons for appeal is that the punishment sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

Defendant

B As to the fact that there is a misunderstanding of facts and a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), there is no evidence of the facts charged that AO fabricated the result of the RSC experiment.

② The Defendant is Q Q Co., Ltd. (hereinafter “ Q Q”).

In the case of a corporation that appeared after the first appearance, the corporation did not know whether active coal supplied to the Z water purification area falls short of the contract standard.

However, there is no fact that AO has solicited the operation of the test results, or ordered A and B to make such solicitation.

In other words, it was not intended to acquire active coal supply price by submitting a fabricated test result for active coal to be supplied to the Zwater reservoir together with A and B.

At least, the defendant did not participate in the AO test with respect to the active carbon brought in as stated in the judgment of the court below, so the defendant's deception or conspiracy is not recognized with respect to the active coal price paid for the first brought in portion.

③ The Korea Water Resources Corporation did not conclude a supply contract with Q and active coal, and Q did not receive the supply price of active coal directly from the Korea Water Resources Corporation.

Therefore, the Korea Water Resources Corporation cannot be deemed as a victim or victim, such as this part of the facts charged.

The punishment sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

Defendant

C Fact misunderstanding and misunderstanding of legal principles ① AO fabricated the results of the RSC experiment.

shall not be deemed to exist.

② The Defendant did not know at all the fact that the lower price was mixed with active carbon for the primary shipment; that the secondary shipment was mixed with active carbon carried out of the primary shipment; and that the Defendant asked AO for the RSC experiment as much as possible.

arrow