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(영문) 서울남부지방법원 2016.04.28 2015고단1970

사기미수등

Text

The defendant shall be innocent.

Reasons

1. The facts charged in this case

1. On February 27, 2013, E Co., Ltd., a contracting party to H Co., Ltd. with some construction works, such as electrical construction, among G construction in the House F Group of Gangwon-gu.

On March 28, 2013, H Co., Ltd. (hereinafter referred to as “H”) made a public notice of bid for the purchase contract to be made on May 30, 2013 with respect to the overall water distribution and the production, supply, and installation of access Bans, which are part of the above supply and demand construction works, on the basis of the final payment period. In making the public notice of the bid, H Co., Ltd (hereinafter referred to as “H”) set forth that “in connection with the non-connection of access, it shall be equal to or higher than Grade 54 (IP number: products confirmed to be protected from dust and water by passing an IEC60527, and a test prescribed in the Standards) of the electric product specifications presented by the International Electric Technology Commission (IEC).”

On the other hand, the Defendant is a person in charge of the business team as the head of the business division of the Company I (hereinafter referred to as “I”), and prior to the public notice of H’s tender, the Defendant received from J, a design and supervision company of the Company E, the possibility of manufacturing access Ban meeting the above specifications, and requested the said Company to conduct a test to confirm whether the products of one form meet IP 54 specifications on March 4, 2013, and issued the test certificate on March 13, 2013.

However, in the process of reviewing with the company's internal technology team, the defendant's use of the above part of connection is difficult to meet other technical specifications and it is anticipated that various problems, such as defects after installation, maintenance and repair, etc., the defendant decided to deliver the two forms of products.

Since then, the defendant around April 2013, at the purchase department office of the victim M Co., Ltd. (hereinafter referred to as the "victim Co., Ltd.") located in Guro-gu Seoul Metropolitan Government Llock 1201.