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(영문) 부산지방법원 동부지원 2014.03.28 2013고합124 (2)
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant

C and D shall be punished by imprisonment for one year, and by imprisonment for two years and six months, respectively.

Reasons

Punishment of the crime

1. Defendant C and D’s joint criminal conduct - “T” (hereinafter “T”) supplied and repaired equipment, etc. to manufacturers, such as power generation facilities, etc. established in 1993, to the nuclear power plant affiliated with the Korea hydroelectric Power and Nuclear Power Co., Ltd. (hereinafter “Korea Power and Nuclear Power Co., Ltd.”) from March 1994. Defendant C entered T in around 1993 and took overall charge of the internal affairs of the company from around 2005, and Defendant D took charge of the management and submission of quality assurance documents as the deputy head from July 2005 to August 31, 2012.

Since from 2003 to 2004 prior to the entry of Defendant D, T has submitted only a test report to a nuclear power plant by forging the test report without actually conducting a large number of non-destructive testing for reasons such as cost reduction, time saving, etc.

On May 2005, U.S., who had been in charge of T quality control, transferred quality control duties to newly employed Defendant D, stating to the effect that “it is necessary to make and submit a test report without actually conducting an inspection necessary for supply including non-destructive testing,” and Defendant D received Defendant C’s review and approval on quality assurance documents, including a falsified test report, from July 2005 to March 2006, in order to receive confirmation as to whether the test report to be submitted to a nuclear power plant was properly forged.

In addition, Defendant D was unable to submit the test report related to the material test (the material test, heat treatment test, and corrosion-resistant test, etc. after confirming the ingredients and character of the material) to the relevant company despite the expiration of the supply period of the parts of the nuclear power plant since its membership.

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