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(영문) 대법원 2019.10.18 2019도8374
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Determination as to the crime of deception, deception, fraud, causation, and deception

A. The lower court determined that the Defendant constituted a crime of fraud and obstruction of performance of official duties by deceptive means on the following grounds.

1) A public procurement official entered into a contract with multiple suppliers without knowing the unit sales price during the actual time of the reinforcement materials for civil engineering due to the price data actively prepared by the defendant, and further, the payment was made. As such, the defendant committed deception with the intent of deception, and the causal relationship between deception and the disposal act is recognized. 2) Even in the case of the multiple suppliers contract, the false price data submitted by the defendant is still important in determining the final price, and even in the case of the two-stage competition, the causal relationship cannot be denied even if the two-stage competition takes place.

3 The procurement officer did not investigate the authenticity of the tax invoice attached to the price data received from the defendant, and it cannot be said that the execution of official duties was hindered by insufficient examination, and the execution of official duties was obstructed by the defendant's deceptive scheme.

B. Examining the reasoning of the lower judgment in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on deception and deception, causal relationship, and deceptive scheme in the crime of obstruction of performance of justice in fraud.

2. Determination on the assertion concerning the victim of fraud and the number of crimes

A. Fraud is established by deceiving another person to receive property or acquiring pecuniary benefits from the defective intent resulting from deception, and the essence of fraud is the property or property by deception.

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