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(영문) 서울서부지방법원 2016.10.19 2016고합119
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of the (ju) J established for the purpose of management consulting business in 203 of the Songpa-gu Seoul Metropolitan Government I building, and is the person who actually operates (ju) K established for the purpose of management consulting business in the same place.

"2016 Gohap119"

1. L-related crimes;

A. Research service projects ordered in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and L in fraud are determined by a contracting party after receiving a business plan from an enterprise through a competitive bidding (90%) and price evaluation (10%). Technology evaluation is to promote the loyalty of the results of research services by evaluating the expertise of an enterprise that performs services, expertise of human resources participating in services, and appropriateness of human resources input, based on the nature of the research service contract, and on the business plan submitted by an enterprise in order to evaluate the appropriateness of human resources input, and by restricting the participation rate of human resources participating in the relevant services to ensure that the total participation rate per person per person does not exceed 10%.

(1) Although there is a limit to the number of research services that can be conducted simultaneously due to the restriction on the participation rate of the service performance personnel due to the limitation on the number of research services provided by the J, the Defendant was willing to receive a research service contract in the name of another company by submitting a false project plan as if the company actually performs research services without additional recruitment of the service performance personnel.

1) The Defendant, on April 2012, proposed that the “O business” (a contract amounting to KRW 100,000,000) ordered by L, which was ordered by L, apply for the above service business (a false bid as if the State M was performed) to (a) M representative N, and N accepted the Defendant’s proposal.

The Defendant’s above service business around April 2012.

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