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(영문) 대전고등법원 2020.01.31 2019노239
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

The part of the defendant A, C, and D (including the part not guilty in the reason) shall be reversed.

Defendant

A and C, respectively.

Reasons

1. The co-defendant indicates that only the defendant falls under each of the following subparagraphs below the summary of the grounds for appeal is "defendant" (in case of multiple parts, "defendants") and the co-defendants are written only in their names.

1) Defendant C was involved in the overall business related to the progress of the business as the competent officer of the O business in 2013 (hereinafter “2013 business”), and the money and other benefits received from Defendant A, subject to the duties, are recognized as related to the duties, and are not aware of the fact that it is a cost for the duties, barring any special circumstance.

Defendant

A also appears to have concluded a design contract with the N (hereinafter referred to as “N”) introduced by Defendant C with the intent to receive assistance from Defendant C in the 2013 project, and Defendant C also was aware of such intent of Defendant A.

B) Considering the consistent statement that “Y, the N director of the offering of bribe and the offering of bribe, was set at an excessive amount than ordinary cases,” Defendant D did not receive performance rates or incentives in return for the attraction of the contract except this case, and Defendant D did not have any substantial difference with the design of this case, it is reasonable to view that N out of the design cost that N paid to Defendant A constitutes a difference between the amount that Defendant A paid to N and the appropriate design cost, and that it constitutes a difference between the amount that Defendant A paid to N and the appropriate design cost. However, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine regarding the Defendants. 2) Defendant A who was sentenced by the lower court on the grounds of an unfair sentencing sentence against the Defendants, Defendant A: imprisonment with prison labor for two years, which was sentenced to the Defendants.

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