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(영문) 전주지방법원 정읍지원 2015.11.25 2015고합40

특정범죄가중처벌등에관한법률위반(뇌물)등

Text

1. Two years and six months of imprisonment, fine of 30,000,000 won, and one year of imprisonment for Defendant B.

Reasons

Punishment of the crime

Defendant

A is a researcher working as a public official in the application of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, etc., which is a government-funded research institute located in Jung-Eup. K is a business director of L Co., Ltd. (hereinafter referred to as “L”) located in Guro-gu Seoul. Defendant B is a representative of N in the fourth floor of the entire city M building, the manager of Q 224 Dong-gu, Daejeon P224, the representative of O is the representative, and Defendant C is the representative of S Co., Ltd (hereinafter referred to as “S”) with the sixth floor of the Daejeon Seo-gu, Daejeon.

In the above radiation research institute, when the researcher intends to purchase experimental equipment and materials necessary for research, he/she prepared a written request for purchase to the main source of the Victim Korea Atomic Energy Research Institute (hereinafter referred to as the "main source") located in Daejeon, requested the necessary goods, purchased the goods requested through the selected company through bidding process, etc., and paid the price to the company when confirming the receipt of the goods of the research institute.

1. The Defendant A and K’s fraud Defendant and K submitted a false purchase request to the principal source and received the goods despite the absence of the fact that they actually received the goods, and made a false report to the fact that they received the goods and received the price by fraud.

Accordingly, on January 12, 2008, K prepared a written estimate for goods not to be actually supplied to the defendant and submitted it to the defendant. The defendant prepared a false written request for purchase as if he would purchase goods necessary to carry out the research task based on the written estimate, and prepared a false written confirmation of receipt as if he received goods to K.

K submitted a written confirmation of receipt to an employee of the victim's purchase management team who works for the victim's principal purchase management team, and that employee shall be from the victim.