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(영문) 부산고등법원 2014.08.14 2013노381
사기등
Text

1. Of the judgment of the first instance, the part against Defendant A, C, and D, and the judgment of the second instance, the attached Form 3 of the judgment of the defendant A.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) Defendant A, C, and D, in light of the various sentencing conditions in the instant case, sentenced by the court below to the above Defendants [Defendant A: one year of imprisonment (the first judgment): two months of imprisonment (each crime listed in the attached Table 3 of the judgment of the second court); two months of imprisonment (each crime listed in the attached Table 1 of the judgment of the second court); six months of imprisonment (each of the remaining crimes listed in the judgment of the third court); Defendant C: three years and six months of imprisonment (the first judgment of the third court); imprisonment of one year (the third court judgment of the third court); imprisonment of two years (the third court judgment of the first instance); imprisonment of one year (the third court judgment of the third court); imprisonment of one year (the third court judgment of the second instance); imprisonment of one year) or one year (the second court of the above judgment of the second instance) or of a misapprehension of legal principles with respect to Defendant AL; the evidence duly adopted by the court below; and the court below erred in the misapprehension of legal principles as to the above two-year investigation documents and the above facts.

B. Defendants A (1) 1) misunderstanding of facts or misunderstanding of legal principles related to the first instance judgment of Defendant A (1) 1, although Defendant A submitted a test report by forging the test report, the above Defendant supplied goods meeting the purchase specifications conditions to the Korea Water and Atomic Energy Co., Ltd. (hereinafter “Korea Water and Resources”), and thus, fraud is not established since there is no deception or intent to acquire illegal profits, which is the constituent element of fraud, and ② even if the domestic fraud is established, the acquired amount should be calculated only for the supply value of the materials related to the forged test report. However, the

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