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(영문) 광주지방법원 목포지원 2016.07.01 2016고정218
사기등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant: (a) operated a limited company C (hereinafter “C”); (b) established C-factory located in Newan-gun D (hereinafter “E factory”); (c) obtained certification of the Korea Industrial Standards Mark under the Industrial Standardization Act (hereinafter “KS certification”); and (c) obtained certification of KS on December 1, 2014, when the Defendant produced ready-mixed concrete (hereinafter “ ready-mixed”) and was subject to suspension of marking from December 1, 2014 to May 31, 2015; and (d) established C-factory (hereinafter “G factory”) in the F of Newan-gun, Newan-gun (hereinafter “G factory”) on May 14, 2014.

1. On July 26, 2013, the Defendant entered into a contract to supply 127,839,000 square meters in government-funded materials from the tax accounting and accounting office of the Newanan-gun located in 1004, a 1004, in connection with H tending project.

However, on December 3, 2013, the Defendant supplied 6 cubic meters of ready-mixeds produced at G factories that did not obtain the certification of KS on December 3, 2013, on the ground that the transportation cost is additionally required when transporting ready-mixeds at the E plant, and supplied 172 cubic meters of ready-mixeds produced at G factories, such as the time table (1) of the attached crime list.

Nevertheless, the Defendant submitted a supply document stating as if the above ready-mixed was produced in the E plant that received the KS certification to an agent at the construction site of the limited company I, and accordingly, filed a claim for the price of ready-mixed with the victim New-gun on the ground of the on-site agent’s delivery confirmation letter, and then, the Defendant received 21,077,396 won from the New-gun around December 2013.

2. A person who manufactures ready-mixeds in violation of the J Development Project (3j) related to fraud and Construction Technology Promotion Act shall obtain certification or supply ready-mixeds which the Minister of Construction and Transportation deems appropriate for the Korean industry standards.

On June 11, 2013, the Defendant J. at the new Military Tax Accounting and Accounting Office.

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