(영문) 광주고등법원 2016.09.28 2016노196 | 리걸엔진

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(영문) 광주고등법원 2016.09.28 2016노196

사기등

Text

The judgment below

Among them, the guilty part against Defendant A and the part against Defendant B shall be reversed.

Defendant

A. Imprisonment.

Reasons

1. Progression of litigation and scope of adjudication of this court;

A. The lower court found Defendant A guilty of the charges of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) with regard to each of the following: (a) the list of crimes in the indictment in the case of this case against Defendant A; (b) the bid interference for each of the projects at the end of the period of 6,70,00 won; (c) the fraud of the project at the end of the attached Table No. 1; and (d) the attached Table No. 2 once more than 2; (2) the daily list of crimes; (2) the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) with regard to each of the projects at the end of 1 to 5 times; (c) the number of offenses in the attached Table No. 1; (d) the number of offenses in the attached Table No. 6,000 won; and (e) the punishment of breach of trust with respect to each of the projects at the end of 1 to 6,000 won; and (e) the punishment of each of the charges of breach of trust against Defendant A.

B. Prior to remand, Defendant A appealed to the conviction part against Defendant A on the grounds of ① misunderstanding of the facts and misapprehension of the legal principles as to the prosecution part, ② Sentencing in the judgment of the court below, and Defendant B appealed to the part of the judgment of the court below on the grounds of unfair sentencing. Defendant B appealed to the part of the judgment of the court below on the grounds of unfair sentencing, and the prosecutor appealed from the judgment of the court below on the grounds of misunderstanding of facts and misapprehension of the legal principles as to the acquittal portion on the receipt of the evidence of breach of trust and the proof of

2) The appellate court prior to remand rejected all the arguments on the grounds of the above appeal by the Defendants and the Prosecutor.

참조조문

-특정경제범죄 가중처벌 등에 관한 법률

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