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(영문) 서울고등법원 2018.06.08 2017노3855
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

The list of crimes as stated in the judgment of the court below is 26 times.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misapprehension of legal principles 1) In relation to a person who causes the destruction of evidence, Y already received instructions for the crushing of documents from the president of six companies, such as M, etc., and Y subsequently made the Defendant resolve that the Defendant would have newly destroyed evidence.

subsection (b) of this section.

In addition, the defendant instigated the destruction of evidence in collusion with A.

there is no evidence to consider.

B) The facts charged that the Defendant conspired with A to cause Y, etc. to destroy evidence, and that the Defendant instigated the employees of six enterprises, such as M, etc. to conceal evidence constitutes only one crime, since the Defendant’s single criminal intent constitutes a single crime or a single ex post facto act.

2) The bid method in the instant case is different from general bids, such as calculating the successful bid price on the basis of the estimated price, rather than the lowest price, and implementing a qualified examination system for companies, and the Defendant did not have the intent to engage in deceptive scheme and deceptive scheme, thereby not constituting a crime of interference with bidding.

B) The six companies, such as M, are neither a company nor a separate company, and the above six companies participated in the tender, such as where the bid price ratio has not been increased in proportion to the number of the companies.

the tender process has been undermined.

shall not be deemed to exist.

3) Unlike the solicitation of procurement, unlike the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and fraud, in the case of a contract with a defense business agency, partial subcontracting is not prohibited in principle, and it is possible to submit a company quality guarantee activity plan, so it does not recognize a direct production obligation.

There is room to view.

B) Also, ① Products in the form-I are not directly produced on the interpretation of the relevant provisions in the context of the crime list 1, 2, 3, 5, 7, 8, 10, 11, 12, 15, 16, 17, 19, 24, 27, 30, 31 of the crime list 2 in the holding of the lower judgment.

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