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(영문) 수원지방법원 2016.04.07 2015고단4002
중소기업제품구매촉진및판로지원에관한법률위반
Text

The Defendants shall be punished by a fine of two million won.

Defendant

A fails to pay the above fine.

Reasons

Punishment of the crime

Defendant

A has worked as the representative director of B Co., Ltd. (former D Co., Ltd.) from February 11, 2014 to January 31, 2015, and Defendant B Co., Ltd is a corporation established for the purpose of the manufacture, sale, etc. of electronic, electricity, machinery, apparatus, parts and materials thereof.

1. On June 9, 2014, Defendant A filed an application for a written confirmation with the head of the small and medium enterprise headquarters to the effect that the said company constitutes one of the companies, small and medium enterprises, and small and medium enterprises, at the office of the B Co., Ltd. (referred to as the “instant company” in this paragraph) located in the Sungsung-si, E, 202, and 203, Defendant A prepared and submitted a written diagnosis to verify whether the said company is restricted from participating in competition among the small

Defendant 1: “1. A.. falls under the parent-subsidiary relationship under Article 3-2 of the Enforcement Decree of the Framework Act on Small and Medium Enterprises; “2. A. The representative or largest shareholder of a large enterprise under Article 2(2) of the Act on the Promotion of Collaborative Cooperation between Large Enterprises and Small-Medium Enterprises, or the executive officers of the large enterprise, concurrently serves as the executive officers of the large enterprise; or is dispatched as the executive officers of the small and medium enterprise”; and “3. The large enterprise and small-medium enterprise produce the same kind of alternative products as designated under Article 6 of the Act on the Promotion of Purchase of Products and the Support of Markets for Small and Medium Enterprises.”

“X” was marked in the corresponding column of the item “X.”

However, the above company was a company subject to the restriction on participation in small and medium-sized enterprises' counter-competitive tendering under Article 9-3 of the Enforcement Decree of the Act on Promotion of the Purchase of Small and Medium Enterprise Products and Assistance to the Sales of Small and Medium Enterprise Products, due to the relationship with the U.S.T. Tech and F

Nevertheless, the defendant has prepared a false diagnosis and submitted it to the Small and Medium Business Administration.

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