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(영문) 수원지방법원 평택지원 2012.09.12 2012고합95
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From March 1993 to November 201, the Defendant served as an administrative office in charge of administrative affairs, such as accounting management of Pyeongtaek-si High School, conclusion of contracts, and maintenance and management of school facilities.

According to Article 35 of the "Rules on the Finance and Accounting of Private School Institutions", where it is intended to enter into a construction project, manufacture, purchase, service, or other contract with the estimated price exceeding KRW 200 million, it shall select a construction business operator through general competition.

Nevertheless, on November 21, 2005, the Defendant entered into a contract for construction works (contract amounting to KRW 2,454,309,000) with the “new construction works of the D High School” without going through a general competitive bid with the directors F of E Company at the administrative office of the said D High School (hereinafter “D High School”).

Since then, although the Defendant entered into a negotiated contract with E Co., Ltd. and Multimedia Services Companies, the Defendant prepared a false tender, etc. as if seven companies, such as Youngjin Industrial Development Co., Ltd., other than E Co., Ltd., participated in the bidding, and prepared and submitted a false subsidy application as if they entered into a contract with E Co., Ltd. through general competitive bidding to receive subsidies from the affected Gyeonggi-do Office of Education.

Around June 19, 2009, the Defendant, at the office in charge of planning and budget of the victim in Suwon-gu, Suwon-si, submitted a false statement of “application for subsidy for response support expenses” prepared in the D High School to the public official in charge of the planning and budget office of the victim in Suwon-gu, Suwon-si, by deceiving the victim, and, in fact, believed the victim to be 359 million won around December 31, 2009, around 31, 2009, under the name of subsidies for the construction cost of the above multimedia official, issued KRW 59 million around September 20, 201 to the bank account in the name of D High School.

Accordingly, the defendant deceivings the victim and is a D High School.

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