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(영문) 대전지방법원 2015.05.28 2015고단695

사기등

Text

Defendant

A Imprisonment of 10 months, Defendant B imprisonment of 8 months, and Defendant C of 6 months, respectively.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A is the representative of the J(State) in Ansan-si, Gyeonggi-do, and the defendant B was working as the head of the above J(State) Quality Guarantee Department, and the defendant C was working as the above J(State) Quality Guarantee Board member.

1. While Defendant A was operating the J, on April 29, 2009, entered into a purchase agreement with the Korea Western Power Development Headquarters and the Korea Development Headquarters. In such a case, according to the said agreement, the performance, material quality, chemical ingredients, mechanical properties, etc. of the goods must be supplied in compliance with the specifications stipulated in the contract, and the results should be submitted to the relevant chemical power plant by requesting an authorized testing institution to conduct a test at the time of delivery.

Defendant

C around June 1, 2009, according to the purchase agreement entered into between the Korea Development Headquarters of Thai Power and the J (State), requested performance and quality tests to the Korea Testing and Research Institute for Steel Metals (SSM 440) samples used in reprocessing pumps to be supplied. However, upon being notified by the researcher of the results of the examination that the mechanical nature falls short of the standard specifications, it reported to the Defendant B.

Defendant

B After receiving the above report, the Defendant reported the results of the above examination, and received instructions from the Defendant A to the effect that “a treatment in accordance with the payment period even if the numerical value of the test results is forged,” and ordered the Defendant C to the same effect.

Defendant

C Accordingly, from June 8, 2009 to June 22 of the same month, at the above J (State) office, a test report submitted by the above Korea Testing and Research Institute by using its own computer is stored as a picture file, and the receipt date is not " June 16, 2009" but " June 16, 2009 of the original test report". The completion date is " June 8, 2009 of the original test report".