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(영문) 창원지방법원 2014.11.12 2014고단1916

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant, as a joint representative of the E Company, was in charge of the overall business affairs of the E Company, including quality assurance and inspection. The Defendant, as a joint representative of the E Company, produced and supplied K200 and K21 parts for military use, which were entered into the D Company (hereinafter referred to as “D”).

When the Defendant received a request to submit a test report on the location and mechanical nature of the above parts, the Defendant forged or altered the test report on the relevant parts for reasons such as failure to meet the standard value of the test result, request for test, cost of payment, and promotion for the payment period, etc., and issued as if it was duly formed to the employee in charge of D (the State) inspection who knows such fact, and was in mind to deliver the parts by receiving the pass disposal of the parts from the employee in charge of inspection.

1. On August 2012, the Defendant altered official document: (a) in the office of the E company located in the Busan Metropolitan Area F, the results of the test conducted in the name of the Administrator of the Small and Medium Business Administration in Busan Metropolitan City, Ulsan Metropolitan Area, which was previously issued and kept in custody, and then deleted and added necessary parts by using the earth and sand shop program; (b) in the test items, the outcome of the compressing air lines (70°2h, 22%) from “30 to “20”; and (c) the outcome of the compressing air lines (10°70%) from “61 to “31”, respectively.

Accordingly, for the purpose of exercising authority, the defendant altered the results of the investigation under the name of the Administrator of Busan and Ulsan District Small and Medium Business Administration, which is an official document related to certification of facts

2. Around April 2011, E companies for which the Defendant’s work in the altered official document uttering were ordered to supply E companies with the virtue 7EA and 8EA, respectively. A.

On August 25, 2012, the Defendant requested the E company office located in Busan City F to inspect the parts ordered by using the ERP computer system with the results of alteration as stated in the above paragraph (1).