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(영문) 서울동부지방법원 2018.02.08 2017고합21
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A and B Imprisonment with prison labor for three years, for two years and six months, and for defendant E with prison labor for one year and six months, respectively.

Reasons

Punishment of the crime

1. Defendant A holds office as the representative director of M Co., Ltd. (hereinafter referred to as “M”) from November 30, 201 to August 28, 2015 and takes overall charge of all the business of M, including the accounting affairs of M; Defendant B holds office as business director from around February 2007 to February 2014; Defendant C holds office as a technical adviser even after retirement from office around February 201; Defendant C holds office as a production director from around May 2008 to the date of production; Defendant D holds overall control over the business related to the assembly and production of pumps, etc.; Defendant D holds office as the head of the quality department of M Co., Ltd. from around February 2008 to the date of its establishment; Defendant B is a person who takes overall charge of the business affairs of M Co., Ltd. from around February 2008 to the date of its establishment; Defendant B is an employee of M Co., Ltd. in charge of designing and maintaining the quality of M Co., Ltd.

2. Defendant A, B, C, D, and E Southern Development Co., Ltd. (hereinafter “Korea Southern Development”) stated in the initial facts charged that “GPA agreements shall be concluded by means of international bidding under the Government Procurement Agreement (hereinafter “GPA agreements”) of the World Trade Organization (WTO), in accordance with the Business Rules for Government-Governmental Institutions, that “the Government agencies, public enterprises, etc. of the member countries are prohibited from being supplied with the products manufactured and produced in countries other than the member countries of the GPA,” but the GPA agreements do not limit the supply of the products by non-member countries of the GPA agreements as above, but the contractor can subcontract only the member countries of the GPA in the purchase agreement between South and North Korea, and the contracting parties may subcontract only the member countries of the GPA, and the affairs subcontracted are the member countries of the GPA.

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