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(영문) 창원지방법원 2017.07.07 2017고단211
사기등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year and a fine of one million won;

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A The representative director of Defendant D and Defendant B are Defendant E, Defendant C is the representative director of Defendant E, Defendant C is the representative director of F with interest of the head of the above E as the wife of the above Party B, and the above companies are corporations established for the purpose of forest tending and pest control projects.

1. Defendant A

(a) Violation of the Creation and Management of Forest Resources Act, no person interfering with tendering shall lend his/her forest technician qualification certificate, and a registered forest project corporation pursuant to the Creation and Management of Forest Resources Act shall be a registered entity in order to bid various forest projects, including a project to prevent pine wilt diseases;

On January 11, 201, the Defendant obtained a second-class certificate of qualification for forest management technology on the condition that he/she would not substantially meet the requirements for bidding fees of KRW 500,000 per month, on condition that he/she would be able to participate in the bidding of various “forest tending and pest control projects”, including the project to eradicate pine wilt disease and insect pests, from the office D office located in Gyeongcheon-gun, Chungcheongnam-gun, Gyeongcheon-gun, Inc., and received a successful bid on October 15, 201, by bidding as if he/she satisfies the requirements for qualification for forest project corporation.

Accordingly, the Defendant borrowed a forest technician’s qualification certificate from 7 persons, such as the above K, from January 11, 201 to September 2016, as indicated in the list of crimes in the attached Table (1). From October 15, 2013 to February 5, 2015, the Defendant, as indicated in the list of crimes in the attached Table (2) of the crime committed, conducted the fairness of the bidding by the Gu office, etc. using the aforementioned deceptive scheme for seven occasions.

B. On January 201, the Defendant violated the Act on Fraud and Subsidy Management, the requirements for qualification for technical levels of forest project corporations, which are stipulated as the criteria for registration of corporations that can implement projects for forest tending and control of forest diseases and pests under the Creation and Management of Forest Resources Act, (i) around January 201.

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