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(영문) 대전지방법원 천안지원 2016.11.09 2016고합150
허위공문서작성등
Text

Defendant

A Imprisonment, Defendant B shall be punished by a fine of 5,00,000 won, and Defendant C shall be punished by a fine of 2,00,000 won.

Reasons

Punishment of the crime

1. Defendant A is a public official who works for the Ministry of Education from July 1, 201 to December 31, 2014 as the Head of E-middle School Administrative Office (Local Educational Administrative Branch) and has overall control over the contracts and accounting of school facilities construction. A.

The Defendant prepared false official document, around July 2014, knew that when selecting a contractor for the construction of the above school farm site, if the cost of the construction is at least 15 million won as in the above construction work, the company with a specialized construction business license should execute the construction work. However, in the immediately preceding year, the Defendant decided that “F” of the personal business chain in the operation of B, which was in charge of the construction of the career activity room of the above school, should be selected as the contractor and submitted the quotation and bid-related documents in the name of another company with a specialized construction license to B around July 2014.

Accordingly, the Defendant, around August 4, 2014, at the E-middle School administrative office located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, and the fact was that B submitted a quotation under the name of H Co., Ltd. (hereinafter “H”) was illegally leased the construction business from the pertinent company, and the “I Co., Ltd. (hereinafter “I”)” did not have participated in the contract for the construction project for the creation of the farmland, despite the absence of any participation in the contract for the construction project, the employees of the above school administrative office J of the above fact was 1. The name “1.......: the 2014 middle school sports club revitalization project (the creation of the farmland).

2. Date of estimate: August 4, 2014;

3. Estimated amount: 18,592,586 won, and the estimated amount of H is KRW 17,950,00,000, the contractor for a construction project shall be determined as H.

The purport of “Preparation Date: August 4, 2014; the Preparation Date: the name J of the Local Education Administration Note; and the Defendant puts his/her signature and seal on the Approval column; the Defendant also puts his/her signature and seal on the Approval column; and then, the Defendant submitted to K of the above principal of the above school who knows that the false statement is not known.

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