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(영문) 서울중앙지방법원 2016.09.07 2016고합454
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

1. Defendant A shall be punished by imprisonment for two years, by imprisonment for one year and six months, and by imprisonment for eight months, respectively.

2...

Reasons

Punishment of the crime

1. The Defendants and related persons worked for N (N) Co., Ltd. (hereinafter “N”), a defense contractor located in Daejeon Sung-gu M from April 2004 to April 2014, Defendant A took overall charge of the duties related to the “O business” ordered by the Defense Acquisition Program Administration from July 2012 to April 2014.

Defendant

B worked in N during the period from May 2004 to February 2, 2015, and performed the work related to “O business” as the director and the head of the business division from April 2013 to February 2015.

Defendant

C worked in N from March 2006 to June 2014, and from March 2013 to June 2014, C was in charge of the preparation of a proposal for “O project” as the head of the unmanned boundary project division from March 2013 to June 2014, and evidentiary materials, such as various test reports.

Defendant

D from May 2004 to August 2014, 2014, work in the N Formula 200 project division, and from September 2014 to September 2014, the head of the department and the director were working in the NV project division.

2. Standards and methods for the progress of O projects and evaluation thereof;

A. On August 24, 201, the Joint Chiefs of Staff (the Joint Chiefs of Staff), at the 257 Joint Chiefs of Staff (the 257 Joint Chiefs of Staff) on August 24, 201, reinforced the main night surveillance system in the coastal vulnerable areas against enemy infiltration, decided that the “O” was an emergency power requirement with the content of integrated operation with the coast monitoring radars and TOD (the long distance monitoring). The Defense Acquisition Program Administration, which is in charge of the introduced project, announced the PP bidding for the reorganization project unit of the Eastern Power Program and the Defense Acquisition Program Administration (hereinafter “Incidental reorganization project team”).

Accordingly, 10 companies, including N, participated in the bidding, but from March 19, 2013 to March 22, 2013, all companies failed to pass an evaluation due to the lack of supporting documents on the compliance of major operational performance (ROC) in the evaluation of proposals conducted from around March 19, 2013.

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