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(영문) 인천지방법원 부천지원 2017.03.09 2015고단3222

사기등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From 2010, Seoul and local governments belonging to Seoul Special Metropolitan City make use of special paints corresponding to the criteria established by the Seoul Urban Traffic Headquarters in order to enhance the vision and durability in the display of road surface such as the next color of the road surface, such as friendly and night-time, and for this purpose, when ordering a leading construction work, specify the use of special paints corresponding to the above criteria, such as surface marking specifications and construction contract, and set the construction cost by which the special paints unit price is applied.

Products amounting to the above special paints are E’s royalties, F’s romatics, etc., and according to the unit price survey sheet drawn up in Seoul in 2012, the price of kg is 3,383 won, and the price of romatics is 4,069 won, etc. at the time of 1,000 won or 1,100 won, which are traded at the time of 1,000 or 1,100 won (general romatics, representative products refer to KS6080, etc.).

Without registering painting construction business, the Defendant: (a) from around 2004, who operated the “H”, a leading specialized company; (b) from a successful bidder of the next-way construction work or a re-subcontracting company; (c) decided to perform the next-way construction work using the name of the successful bidder; and (d) since 2010, the next-way color construction work ordered by Seoul Special Metropolitan City, etc., etc., was well aware that only the products approved by the ordering entity at the time of the construction contract should be constructed by using the products approved by the ordering entity at the time of the construction contract, among the special paints that meet the quality standards of the “road specifications” as stated above; (c) executed the construction by mixing the above special paints with the general paints at the rate of 4:1; and (d) intended to use only the special paints approved by the ordering entity by submitting a false completion system and receive the construction cost by receiving the payment for the construction cost.

2.General paints;