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(영문) 수원지방법원 2018.05.03 2018고합16
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor of three years and six months, and Defendant B shall be punished by imprisonment with prison labor of one year and six months.

However, with respect to Defendant B.

Reasons

Punishment of the crime

Family relationship H is (g) the representative director of I.

Defendant

A is a person who actually operates (State) J representative director, (g) I's headquarters for manufacturing business.

Defendant

B has been in charge of preparing various documents, issuing tax invoices, and concluding contracts with public institutions while serving as a director of the above headquarters from March 2006 to December 31, 2010.

K as the representative director of L Co., Ltd. (the location of the main office: Kimcheon-si) that produces electric wires and protective plates, who has completed the electric wires and protective plates produced in the L Co., Ltd. factory located in Ansan-si M (N: N) of Gyeonggi-do, and supplied them to the Center (g) as if they were produced in the K Co., Ltd. factory at the G Co., Ltd. factory or (g) I Ansan-si factory.

P is a business director of L corporation, who is full-time in the above-time factory and has been in charge of finance, production, and business of the above-time establishment in Ansan-si, and Q is a person who manages the site according to K and P's instructions.

Criminal facts

Ⅰ. Defendants’ violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and fraud

1. A crime that abuses the preferential purchase system for products directly produced by an organization for the disabled;

A. In order to conclude a contract with a public corporation as a party to the crime, in principle, a contract shall be concluded through open competitive bidding in accordance with the “Act on the Management of Public Institutions”. However, until May 13, 2012, only the products directly produced by welfare facilities for persons with disabilities under the Welfare of Persons with Disabilities Act or by welfare organizations for persons with disabilities, and from May 14, 2012, a multiple contract may be concluded only for products directly produced by the production facilities for persons with severe disabilities designated pursuant to Article 9(1) of the Special Act on the Preferential Purchase of Products with Persons with Disabilities.

Defendant

A around March 2006, the Defendant B was supplied to the public institution by lending the whole of the products produced in the inside of the organization with disabilities under the name of the organization with disabilities.

“..............”

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