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(영문) 서울중앙지방법원 2016.07.21 2016고합363
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The Defendant is a domestic agency, etc. of D in the U.S. New Base, and has been operating E as a company that mediates or delivers the import of parts of munitions, such as various weapons operated by the ROK armed forces.

On the other hand, the KMK45, which is the main box of the KMK45 and other construction boxes, are produced and supplied to the Defense Project Administration. Since the maximum precision weapons as above are likely to lead to a fatal accident caused by malfunction, etc. even due to the small defects of their parts, it is not possible to use parts that have not been verified through the performance performance test of an officially certified institution, such as the National Defense Technology Institute, and the items that have not been domestically certified due to lack of technical capabilities should be supplied with parts that have been produced by an overseas entity, such as the United States, etc.

However, on April 2009, the Defendant planned to manufacture domestic parts at low cost with D operator F and distribute them with illegal profits by destroying them as imported parts, and acquired the price of supply by ordering E employee G to handle the affairs accordingly. The Defendant attempted to gather the price of supply by deceiving E employee G.

Accordingly, G around that time, according to the defendant's instruction, had H, a domestic company of the United States, manufacture "PINTER" in the U.S. component that it requested to supply at KRW 20,000, and received it and sent it to the United States D, and D in the U.S., as if it was manufactured by the U.S. company and passed the performance test, is packed in the name of the U.S. company as if it was manufactured by the U.S. company and sealed the false test report in the name of the company and attached the unit price to USD 1,847, which is 10 times the cost of manufacture. However, the unit price is US$ 1,857, but it is deemed that it is a clerical error in US$ 1,847.

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