특정경제범죄가중처벌등에관한법률위반(사기)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant is a textile business operator, who is the head of a textile business group D (hereinafter referred to as "D") of a social welfare foundation D (hereinafter referred to as "D") from the end of 2007, and has supplied military sports uniforms to the Defense Acquisition Program Administration in the name of D.
D is a social welfare foundation that can conclude a private contract with the State as a party, and entered into a private contract with the Defense Acquisition Program Administration to supply military sports uniforms to the Army and the Air Force.
In the case of general goods such as clothes, the Defense Acquisition Program Administration shall calculate the cost of material costs, labor costs, expenses, general management costs, etc. pursuant to Article 9 of the Enforcement Decree of the Act on Contracts to Which the State Is a Party, and then conclude a contract with the supplier by adding legal profits. Furthermore, in calculating the cost of material in the cost details, it shall be determined by comparing the cost of materials submitted by the supplier pursuant to Articles 6 (1) 1 and 7 (1) of the Enforcement Rule of the Act on Contracts to Which the State Is a Party with the cost of materials, and the cost of materials submitted by the manufacturer of various materials in the city. In reality, it is difficult to accurately understand the prices in the city, it is difficult to conclude the supply contract with the special agreement, so it has been prescribed that the restitution can be made if the unjust profits have been revealed by receiving the cost data from
The Defendant, who is well aware of these contracting methods, manufactures sports uniforms by being supplied by E, (State)F, G, etc., and accordingly, submits the tax invoice of E, etc. to the Defense Acquisition Program Administration as cost data, despite the fact that (State) H, operated by the Defendant, receives the original group from E, etc. and supplies it to D Textiles Project Association as is by adding the profit of 20 to 30%, and as such, submits the tax invoice of the above H to the public official in charge of the Defense Acquisition Program Administration as it is a genuine cost material, and then submits it to I, J, K, and other subsidiary materials.