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(영문) 서울고등법원 2019.02.22 2018노1972
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

The judgment below

The guilty part (including the acquittal part of the reason) shall be reversed.

Defendant

A, Defendant, and Defendant, respectively, shall be punished by imprisonment of one year and two months.

Reasons

1. Of the facts charged against Defendant B in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), the lower court found Defendant B guilty of the part concerning “AW-related crimes” in attached Table 1 of the lower judgment, the part concerning “AK-related crimes”, the part concerning “AK-related crimes,” the Nos. 1 through 18, and 21 through 24 of “AK-related crimes,” and the part concerning “the crime related to the payment of false benefits” in attached Table 2 of the lower judgment, and the part concerning “AF-related crimes” in attached Table 2 of the lower judgment, the lower court acquitted Defendant B of the charges, and the part concerning “AK-related crimes” Nos. 2, 3, 4, and 19 of the above “AF-related crimes,” among the parts concerning “AF-related crimes,” and the part concerning “AK-related crimes” in attached Table 2 of the lower judgment, and did not escape from the lower court’s conclusion that the Defendants and the prosecution did not escape from this judgment.

2. Summary of grounds for appeal;

A. Defendant A, C, D, F, and E (hereinafter referred to as “G Defendants”)’ bid interference (i.e., mistake of facts) and bid interference (i., G) and N Co., Ltd. (hereinafter referred to as “N”) have compared the estimated price by receiving a quotation from other companies when entering into a negotiated contract with Y in purchasing a spectrum (SPEC-IN) from Y Co., Ltd. (hereinafter referred to as “Y”) on a sample house, and there is no bid procedure subject to bid interference.

The minimum level of the defendants in the bidding at the site of AD building in the attached Table 1 of the court below ordered by G. G.

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