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(영문) 대구고등법원 2016.05.31 2015노662
국가기술자격법위반
Text

The judgment below

Of them, the part of innocence against the defendant shall be reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Scope of the judgment of this court;

A. The lower court found the Defendant guilty of violating the National Technical Qualification Act, except the violation of the National Technical Qualification Act, and sentenced the Defendant to two years and six months, and acquitted the Defendant of the violation of the National Technical Qualification Act.

B. Accordingly, the Defendant filed each appeal against the acquittal portion on the grounds of misunderstanding of legal principles or misunderstanding of facts and misunderstanding of sentencing, and unfair sentencing.

(c)

Before remanding, the court below reversed the guilty portion ex officio and sentenced the defendant for one year and six months, and dismissed the prosecutor's appeal against the acquittal portion on the ground that there was an error of law by misunderstanding the legal principles on the number of crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in relation to fraud against the victim's fraud against the National Health Insurance Corporation by deceitation of patient awareness money, the attempted fraud through deception of expenses for care benefits, the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)

(d)

Therefore, the Prosecutor appealed on the part of acquittal. The Supreme Court reversed the part of the judgment prior to remand and remanded this part to the court of first instance on the ground that there was an error of law by misunderstanding the legal principles as to lending or borrowing national technical qualification certificates prohibited by the National Technical Qualification Act, which affected the conclusion of the judgment.

E. Therefore, since the remainder of the judgment of the court prior to remand, other than the acquittal portion against the defendant, is separated and finalized as the defendant did not appeal, the scope of trial after remand is limited to the violation of the national technical qualification law, which is the part not guilty among the facts charged in the instant case.

2. The Act on the Business of Real Estate Brokerage, the Act on the Business of Building, and the Act on the Business of Real Estate Brokerage, within the scope of trial after remanding.

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