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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2014.05.16 2013노3170
특정경제범죄가중처벌등에관한법률위반(배임)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: In the case of a misunderstanding of facts, the Defendant stated the facts charged in the facts charged as the victim’s name at the D University (hereinafter “victim’s school”) but the said D University is merely the name of educational facility, by stating the victim as the victim in the facts charged by the following: (a) although the victim in the facts charged in the instant case appears to be the KH Institute as a foundation of the D University, the victim in the instant case is likely to have suffered property damage to the D University as stated in the facts charged, as stated in the facts charged, although the victim in the instant case did not appear to be the victim in the instant case, as stated in the facts charged, referring to the D University as the victim’s school.

Nevertheless, as seen below, the court below erred by misapprehending the facts, which affected the conclusion of the judgment, based on the judgment of innocence.

A. According to the Rules on the Management of Contracts at the Victim School (hereinafter “School Regulations”) and the Enforcement Decree thereof, and the Enforcement Rule thereof (hereinafter “Enforcement Rule,” “Enforcement Rule,” “Enforcement Rule,” “Enforcement Rule, etc.), a new competitive bid may be conducted by changing the estimated construction price only when a negotiated contract cannot be concluded with the original estimated construction price.

Nevertheless, in violation of the above provision, the Defendant arbitrarily increased or decreased the estimated construction price of 1 billion won with a new comprehensive construction company (hereinafter “new comprehensive construction company”) which is the lowest bidding price in the second bidding (hereinafter “new comprehensive construction”), and then without any specific provision, determined the bidder who presented the lowest price below the estimated construction price and below the lowest construction price, as the successful bidder.”

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