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(영문) 수원지방법원 2018.08.14 2018고단1234
사기방조
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

【The Defendant, as the representative director of the (g)B, is deaf-mute, and C (the indictment of detention on January 5, 2018) is a person who actually runs the interest of D representative director who produces the entire distribution, (g)B manufacturing business headquarters, and E (the indictment of non-detained on January 5, 2018) is a person who is in charge of preparation of various documents, issuance of tax invoices, and execution of contracts with public institutions while serving as a director of the above manufacturing business headquarters.

In order to enter into a contract with a public corporation as a party, a contract shall be entered into through open competitive bidding in accordance with the "Act on the Management of Public Institutions"; however, until May 13, 2012, a contract may be entered into only for products directly produced by welfare facilities for persons with disabilities under the Welfare of Persons with Disabilities Act or welfare organizations for persons with disabilities (welfare facilities or welfare organizations for persons with disabilities shall directly participate in the final production process of the relevant goods, at least five persons with disabilities shall participate in the final production process of the goods, and at least 70/10 of the number of workers participating in the production process of the goods shall be disabled persons). From May 14, 2012, among products directly produced by production facilities for persons with disabilities designated pursuant to Article 9 (1) of the Special Act on the Preferential Purchase of Products with Disabilities for Persons with Disabilities.

Nevertheless, C, after borrowing the name of the disabled organization, intended to deliver the product to the F Corporation in the form of a contract with the victim, pretended as if the non-disabled product was a product manufactured by the disabled. On March 2006, C, “(g) to pay 3% of the sales amount to the Defendant (g)” and offered to the Defendant “(g) to lend the name of B) so that the product can be supplied to the F Corporation through a veterinary contract,” and the Defendant committed the following crimes with a view to accepting C’s proposal and assisting the crime:

【Criminal facts】 On March 2006, the Defendant: (a) at the (g)B office in Seocho-gu Seoul Metropolitan Government (G) around March 2006, in return for lending the name to C.

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