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(영문) 광주지방법원 2013.11.22 2013고단4625

사기등

Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

2. Defendant B shall be punished by imprisonment with prison labor for not less than ten months.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A is the representative of the high-speed railway vehicle KTX and KTX-Ocheon, and the actual operator of H, who is the supplier of parts such as parts of H, who is the main supplier of the high-speed railway vehicle of the Korea Railroad Corporation. Defendant B is the representative under the name of H, and Defendant C is the representative of the main office of the Korea Railroad Corporation from January 1, 2005 to March 4, 2010, while serving as the chief (after promotion) of the high-speed railway vehicle team at the headquarters of the Korea Railroad Corporation, and exercises overall control over the affairs such as the formulation of purchase plans for all kinds of domestic and foreign parts entered into the high-speed railway vehicle (KTX) and the response to technical specifications of bid goods and questions related to specifications and specifications, and a general person who has prepared and controlled purchase plans for parts purchased in the Seoul Metropolitan area by means of procurement from March 21, 201 to April 22, 2012.

1. Joint crimes committed by Defendant A and Defendant B

A. On September 20, 201, Defendant A entered into a contract with the Korea Railroad Rolling rolling stock in the Seoul metropolitan area and the small number of contracts with Defendant A to supply heating apparatus for water supply pipes (TRALF022000, TRALA108240005) for water supply pipes of 4,90,000 won by means of a small number of contract.

Defendant

A purchased domestic heating apparatus manufactured by the J, which was a domestic company in early November 201, and intended to implement the above contract by supplying them to the Korea Railroad Corporation, but the staff in charge of the vehicle maintenance team in the Seoul metropolitan area requested the Korea Railroad Corporation to refuse to receive the heating apparatus produced by J without actual results of delivery to the Korea Railroad Corporation and supply the heating apparatus manufactured by the original manufacturer, in collusion with Defendant B, an employee, who was the employee, made an import declaration completion certificate, and sent the heating apparatus of J to the Korea Railroad Corporation.