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A defendant shall be punished by imprisonment for three years.
Of the facts charged in the instant case, the occupational embezzlement as indicated in the attached Table 8 List of Offenses.
Reasons
Punishment of the crime
From 2003 to 2003, the Defendant is a person who operated F Co., Ltd. (hereinafter referred to as “F”) that manufactures water resistant ion materials, etc., which are nuclear power plant equipment parts.
1. The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Act on the Promotion of Purchase of Small and Medium Enterprises, and the Act on the Promotion of Development of Agricultural and Fishery Products (hereinafter “Act on the Aggravated Punishment, etc. of Specific Economic Crimes”), if the originality, excellence, etc. of new technology products are recognized to be less than three years in the market, the Ministry of Trade, Industry and Energy may obtain new products (NEP and New Excll) certification from the CF.
F는 2005. 9.경 산업통상자원부 CF에서 E-Glass Fiber 보온재에 대하여 열전도율, 발수도, 흡수율, 휨강도, 난연성, 선수축율, 내열도의 7개 기능이 비교대상 다른 품목보다 성능이 동등 또는 우수하다는 평가를 받아 NEP 인증을 받았고, 2008. 9.경 NEP 인증 연장승인을 받았다.
The Defendant, by concluding a general hot-water supply contract, which is not a NEP-certified product through a negotiated contract with five development companies such as V and BH subsidiary, on the basis of the fact that the low temperature materials of some of the F-produced products obtained NEP-certified performance of the foregoing water supply system, were in mind to get profits from the value of the products supplied through competitive bidding.
On May 21, 2008, the Defendant, at the 2F Development Headquarters affiliated with the victim V, located in Young-gun BE, Jeonnam-gun, the Defendant: (a) using the fact that the employee in charge of the contract for the victim company did not know the characteristics of the NEP-certified product, not the NE-certified product but the non-exp-certified product, the characteristics of the non-explosioned material, which is not subject to a negotiated contract; and (b) without notifying that the product intended to enter into a negotiated contract is not the NEP-certified product, it would be worth KRW 134,311,910.