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(영문) 서울중앙지방법원 2016.01.25 2015고단3984
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is the representative director of E (hereinafter “E”) established mainly for the purpose of manufacturing mother and child, insignia, clothes, etc. and supplying them to the military.

E around August 9, 2012, the Defense Acquisition Program Administration entered into a contract for the purchase of goods with the content that “The general mother and child for military use shall be supplied from September 28, 2012 to April 12, 2013, and evidentiary documents, such as the test report issued by an authorized agency, shall be submitted to the National Defense Technology Quality Institute to guarantee quality, and the Defense Acquisition Program Administration shall confirm the test report and supply report issued by the National Defense Technology Quality Institute and shall pay the above company 497,929,639 won (contract No. F).”

On the other hand, on August 9, 2012, the date when the defendant entered into a contract for the purchase of the above goods, the defendant requested the Korea Interrogation Institute, an incorporated foundation, a quality assurance institution, to issue a test report on the "bLAK" used for the production of military mother and child, and issued a test report stating the test result of "bLAK (BLCK) 6.0//h. 34.0" at the mixed rate (%) around the 16th of the same month, but when the defendant knew that the supply conditions are inappropriate, he had the intention to alter the combined supply rate of the test report in compliance with the supply conditions.

2. For the purpose of exercising authority to obtain a inspection report and delivery report from the source of the quality of national defense technology, the Defendant modified the test report in the name of the director of the Korean garment Test Research Institute in the E office located in Dongjak-gu Seoul Metropolitan Government on October 2, 2012, with the result of the mixed rate test (number: H: 6.0) of the test report in the name of the director of the Korean garment Test Research Institute in the name of the Republic of Korea (H) around October 2, 2012, the Defendant changed the test report in the name of the director of the Korean garment Test Institute in the name of "6.0" to "(35.0)" and "Myeon 34.0" to "Myeon 35.0" to each corresponding part by means of copying,

3. The Defendant is in the Dongdaemun-gu Seoul Dongdaemun-gu session on October 4, 2012.

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