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(영문) 인천지방법원 2014.07.18 2014노1013
공문서변조등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

Reasons

1. The summary of the grounds for appeal (the defendant A: imprisonment of 2 years and 6 months; imprisonment of 1 year) of the lower court is too heavy (the defendant A) or too low (the defendant B) and the examination is deemed unreasonable;

2. In order to avoid the general competitive bidding method to conclude a contract with public enterprises, etc. while engaging in the business of manufacturing and selling clothing, Defendant A was subject to the disposition of designating production facilities for products manufactured by persons with severe disabilities by submitting various false documents to the Ministry of Health and Welfare to conclude a contract by means of exceptional free contract prescribed by the Special Act on the preferential purchase of products manufactured for the purpose of providing jobs, veterans and welfare services to persons with severe disabilities, etc., and acquired approximately KRW 2.1 billion from the victims as if persons with severe disabilities were produced in participation. Furthermore, in collusion with Defendant B, Defendant B acquired approximately KRW 130 million from the victims as if persons with severe disabilities were produced in participation and even obtained approximately KRW 130 million from the victims, and even if they were to be supplied through free contract, the above certificate of direct production was forged in the name of the Minister of Health and Welfare and the certificate of direct production, which is a certificate of direct production.

As such, the Defendants abuse the system prepared to assist the vocational rehabilitation of persons with severe disabilities to seriously impair the purpose and purpose of the designation system of facilities for producing products manufactured by persons with severe disabilities, sound trade order, and the fact that the nature of the crime is very poor in light of the method of crime, such as deceiving the public official in charge with false documents or altering the official document to the public document, etc., and the amount obtained by fraud is considerably large.

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