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(영문) 창원지방법원 통영지원 2015.06.12 2014고단995

사기등

Text

1. Defendant A shall be punished by imprisonment with prison labor for a year and two months;

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

Reasons

Punishment of the crime

Defendant

A is the representative of “G” established for the purpose of manufacturing metal parts, such as power-driven equipment, etc. in Busan City, the representative of “I” established in Kimhae-si, and the Defendants are both husband and wife.

The Defendants established and operated the “I” jointly on April 20, 2003. On or around 2009, the Defendants established “G” for the purpose of promoting the convenience of participation in the tendering process and increasing the possibility of successful tendering process, and Defendant B was in charge of participating in tendering process and entering into a contract, and Defendant A was in charge of manufacturing and supplying products.

[2014 Highest 995: Defendant A]

1. On January 30, 2012, the Defendant forged official document: (a) concluded a purchase agreement with the Ccheon Power Headquarters of the Victim South-dong Development Korea (U.S.) for KRW 49,445,00 with the purchase price of KRW 49,45,00, “the purchase price of class 8 kinds, other than the O/H-type Scidner”; (b) according to the said agreement, the Defendant shall supply the product’s performance, material’s chemical ingredients, mechanical properties, etc. to the specifications (including standard purchase specifications and drawings) specified in the contract; and (c) shall request an authorized testing institution to conduct a test for the delivery, and submit the results to the C.S. Macheon Power Headquarters of the Victim South-dong Development (U.S.)

(물품구매표준계약서의 일부인 ‘구매규격서’ 중, ‘재료, 구조 및 가공방법’, ‘시험 및 검사’ 항목, ‘제출서류’ 항목). 그러나 위 물품구매계약 체결 후 피고인은 위 9종의 물품 중 ‘철도차륜 휠(Tripper Device Main Wheel) 2대분 12EA'에 대해 대구ㆍ경북지방중소기업청에 시험을 의뢰하였으나, 2012. 2. 27. 발급된 시험성적서에 의하면 인장강도 결과값이 1136N/㎟으로 나와 규매규격서의 요건인 784N/㎟~980N/㎟를 충족하지 못하게 되자, 위 철도차륜 휠을 재제작하여 재시험을 의뢰할 경우...