beta
(영문) 수원지방법원 2013.06.05 2012고합1279

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A Imprisonment for five years, Defendant B's imprisonment for two years and six months, Defendant C's imprisonment for one year, Defendant D and F, respectively.

Reasons

Punishment of the crime

1. The defendants' relation

A. Defendant A related person of the O Co., Ltd. established an OEM E-Maintenance Business Co., Ltd. (hereinafter “O”) around 1996 and has overall control over its business as the representative director. Defendant A was the 1st head of the O’s technology development from around 2002 to May 201, and Defendant D was the 2nd head of the O’s technology development team in charge of the maintenance, replacement of parts, cost accounting and settlement of cost related to external maintenance contracts, etc., and Defendant F was the head of the O’s planning team from around October 2009 to the date of the settlement of maintenance costs related to the O’s external alcoholic beverages expenses.

B. Defendant C related to the O collaborative company established a P Co., Ltd. (hereinafter “P”) around 1995 and controlled the business as the representative director. Defendant B is an individual who is engaged in the business of importing air defense parts under the trade name of Q.

2. Defendant A, from July 18, 2007 to February 25, 201, intended to obtain the cost of maintenance from the victim by means of deception, etc., even if the parts subject to maintenance are not replaced by all kinds of parts subject to maintenance, or even if they were replaced by similar parts, it was replaced by the net government, in spite of the fact that the parts subject to maintenance were replaced by similar parts, it was replaced by the net government, by deceiving the victim of the Republic of Korea (competent: Defense Acquisition Program Administration, the Air Force Headquarters, the Navy headquarters, and the Navy), and “F-16 Aircraft Maintenance Contract.”

Defendant

A, as the head of the O technology team, in collusion with Defendant E and D, etc., the head of the O technology team, has replaced the parts subject to maintenance with the net government goods, a certificate of completion of the import declaration on the purchase of parts for deceiving the victim, and forged the statement of transactions in Q name, etc., and used