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(영문) 서울고등법원 2018.07.17 2018노131
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment for two years, Defendant B and C shall be punished by imprisonment for one year and six months.

(b).

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts and misapprehension of legal principles in the judgment of the court below (hereinafter “instant contract”) determine the major matters of the contract (such as the contract method, contractual counterpart, contract amount, etc.) at S, such as where the contract would proceed with several contracts, where the contract is conducted, where the pertinent company would be the estimated price of the goods, where there is any defect in the supplied goods, and whether the price of the goods would be paid. The final payment of the price of the goods is made at S, i.e., the execution of the government budget, and the execution of the government budget is performed at S. However, it is merely the implementation of the contract concluded by the Incheon Regional Procurement Service requested by S, and therefore, the party against whom the crime of this case was committed shall be deemed S public official in charge, and the victim shall be deemed S.

Accordingly, public officials belonging to the department of sewage of the water supply and sewerage works in S, who are public officials of S in charge of the contract in this case, who had the final discretion in connection with the contract in X and S City Water and Wastewater Work Division.

W B B B B B B B B Before entering into the instant contract, it clearly perceived that Q (hereinafter “W”) would enter into the instant contract under the name of Q and produce and supply the said central monitoring control system (hereinafter “instant central monitoring control system”) with the knowledge that the central monitoring control system (hereinafter “instant central monitoring control system”) would not be capable of directly producing, and that the Defendant’s personal business chain would not directly produce, and that the Defendant’s personal business chain would actually engage in the supply of government-funded materials (hereinafter “instant project”), and requested the Incheon Regional Procurement Service to enter into the instant contract with Q and enter into the instant central monitoring control system under the name of Q and enter into the instant contract.

Therefore, there is no fact that the defendant deceivings the public official in charge of S, and the public official in charge of S is caused by the defendant's deception.

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