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(영문) 대전고등법원 2013.10.30 2013노211
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals by the defendants and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the Defendants’ interference with bidding among the facts charged in the instant case (misunderstanding of facts as to the interference with bidding), the Defendants participated in the bidding ordered by the U Association, and Defendant B in the limited partnershipF, and Defendant A in K in the limited partnership company, and there was no exchange of opinions among the Defendants as to the bidding.

Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentencing of the lower court (the sentencing of Defendant A: 2 years of imprisonment with prison labor; 3 years of suspended sentence) is too unreasonable.

C. According to the evidence submitted by the prosecutor (i.e., the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against Defendant A, this part of the facts charged can be found guilty. However, the court below accepted Defendant A’s alteration suit without credibility and rendered a verdict on not guilty of this part of the facts charged. The judgment of the court below

Dob. The sentencing of the court below on the defendant is too unjustifiable and unfair.

2. Determination

A. The Defendants and the defense counsel of the lower court made the same assertion as the grounds for appeal of this case at the lower court, and the lower court rejected the above assertion on the grounds as stated in its reasoning.

Examining the reasoning of the lower judgment in comparison with records, the lower court’s finding of facts and determination are justifiable, and therefore, the Defendants’ assertion on this part is without merit.

B. (i) The appellate court, which is the subject of the trial of the first instance, shall judge the grounds contained in the grounds for appeal (Article 364(1) of the Criminal Procedure Act), and the prosecutor stated that “the grounds for appeal against the judgment of innocence of the first instance” and “the grounds for appeal” as “the mistake of facts and misapprehension of legal principles.”

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