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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant, around September 1993, was enrolled in H association, which is a self-employed person having rendered distinguished services to the State (hereinafter “H”), and was in overall control of H’s textile business as a general secretary from around 2004.
H is a party to a contract to which the State is a party, a negotiated contract is concluded with the Defense Acquisition Program Administration to supply a building in the area and supplies it in the area.
On the other hand, the Defense Acquisition Program Administration shall calculate the cost of materials, labor costs, expenses, general management costs, etc. pursuant to Article 9 of the Enforcement Decree of the Act on Contracts to Which the State Is a Party, and then enter into a contract with the supplier by adding legal profits. Furthermore, in calculating the cost of materials among the cost of materials, the Administrator of the Defense Acquisition Program Administration shall determine the appropriate amount among the cost of materials by comparing the cost of materials received from the supplier pursuant to Articles 6 (1) 1 and 7 (1) of the Enforcement Rule of the Act on Contracts to Which the State Is a Party with the cost of materials, and the cost of materials received from the supplier of various materials among the cost of materials among the time prices received from the supplier pursuant to Article 6 (1) 1 and 7 (1) of the Enforcement Rule of the Act on Contracts to Which the State Is a Party. It is difficult
From June 2009, the Defendant, who had been well aware of such contracting method, paid an excessive amount of salt color costs in the same zone to the KO (hereinafter “I”) from around June 2009, and calculated the excessive amount of salt color processing costs by obtaining a refund of approximately KRW 160,000,000,000 in total, twice a year, and submitted a false tax invoice in the name of I appropriated such excessive amount to the public official in charge of the Defense Acquisition Program Administration, as it is true cost data.
As above, the defendant deceivings a public official in charge of the Defense Acquisition Program Administration and belongs to it.