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1. Of the judgment below, the part against Defendant G, Defendant I, Defendant N, and Defendant P Co., Ltd.
Reasons
1. Summary of grounds for appeal;
A. Defendant C (Defioiopia) did not have any conspiracy to obtain money from the victim AK, etc. of the corporation AG (hereinafter “AG”) from the Defense Acquisition Program Administration and the Air Force Headquarters.
Although the part of Defendant C’s act was easy to commit a crime by AK, etc., it is merely an extent to be evaluated as aiding and abetting. However, the lower court erred by excessively broad interpretation or misunderstanding of facts, thereby recognizing the Defendant as a co-principal in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and a co-principal in fraud as stated in the lower judgment.
B. Defendant E (Deficio Nos. 1) submitted a list of total tax invoices by customer and by seller as stated in the facts of the crime in the judgment below. However, the Defendant merely committed any act referred to in the subparagraphs upon request by K, etc. and did not receive any relevant consideration, and did not aim at any other economic benefits. The lower court erred by excessively broad interpretation of “for-profit purposes” which is an aggravated element of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Delivery, etc. of False Tax Invoices) or by misunderstanding the fact, thereby convicting the Defendant of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (issuance, etc.
C. The sentence of the lower court is too unreasonable for all the Defendants.
2. Determination:
A. Ex officio determination - Defendant G, I, N, and P Co., Ltd.: (a) The Prosecutor was in the first instance trial; and (b) the part of the facts charged against Defendant G and N Co., Ltd. (hereinafter “N”) in (f) of (b) of the facts charged against Defendant G (hereinafter “N”), including the sum of supply values of KRW 1,640,27,50 on five occasions from the date to July 25, 201, as indicated in [Attachment 65-2] Nos. 65 to 69, supra. 1, 2011.