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(영문) 서울중앙지방법원 2015.09.22 2015고합384

허위공문서작성등

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Part of the facts charged in the indictment was modified according to the facts found through the examination of evidence.

(The part of the basic facts is deleted because they are not related to the sex of the crime of this case). The facts constituting a minor criminal offense compared to the whole facts of this case are acknowledged, and there is no concern that the exercise of the defendant's right to defense may be disadvantaged. Thus, the defendant shall be convicted of the facts of this case

From December 3, 2007 to December 22, 2009, the Defendant was discharged from military service on December 31, 201, when serving as the Chief of the Korea Navy D (hereinafter referred to as the “D”) and administered the test and evaluation of naval vessels and general weapons systems introduced by the Navy. The Defendant was discharged from military service on December 31, 201.

From January 2009 to December 2, 2009 of the same year, the Defense Acquisition Program Administration’s AO team conducted a procedure to purchase the hull, top-down search machine to be loaded in G (G, one’s name “H”; hereinafter “H”) at government level through a general competitive bidding. During that process, the Maritime Headquarters D Headquarters E proposed by J companies (J; hereinafter “I”) selected as equipment subject to the purchase test and evaluation of the hull, top-down search and evaluation of the instant sound search equipment (hereinafter “K”) from September 3, 2009 to October 9, 209.

Accordingly, in the Maritime Headquarters D E division, the Defendant established a test and evaluation plan for the instant sound searcher on August 2009, and at that time, the Defendant, who was the E division, at that time, was the working-level of test and evaluation, was unable to determine the content of the proposal of the J company related to the operation performance (ROC) and the suitability of the military operation from E division N and E division of the E division of the E division in charge of test and evaluation, as “conformity” because the content of the proposal is inadequate and the test report is not submitted.

K is a performance equipment in the proposal.