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(영문) 대전지방법원 2012.05.30 2011고합513 (1)
위계공무집행방해등
Text

Defendant

In five years of imprisonment for A, in one year of imprisonment for Defendant B, in two and half years of imprisonment for Defendant C, and in Defendant D and E, respectively.

Reasons

Punishment of the crime

1. The Defendant: (a) registered 15 construction companies, including the Defendant’s wife AC, wife AD, land AE, land AE, AF, AG, and H, as representative director or internal director, with the Defendant’s wife AC, wife AD, land AE, AF, AG, and H, as an internal director.

The Defendant reported the results of overseas construction to the Overseas Construction Association, based on the fact that the domestic companies were able to participate in the bidding of the construction works by domestic government offices, etc. with the recognition of the same results as the domestic construction work performance, and in fact, instead of the fact that the domestic companies were engaged in the construction works in Saudi Arabia, he fabricated the construction work performance results as if Saudi Arabia performed the construction works, and was able to receive large amount of government-funded construction performance from the Overseas Construction Association and the Korea Construction Association

The defendant, G (AI, AJ operation), B (director of AI), F (AK, AL, AM, AM, operation of a stock company), H (AO, AP operation of a stock company), I (AP operation of a stock company), and J (AP operation of a stock company) reported false performance to the Overseas Construction Association as if they actually performed construction works in Saudi Arabia, and conspired to receive government-funded construction contracts by using the performance.

1) Business obstruction 1) The original contractor’s business obstruction part on the Overseas Construction Association is Y, AR requires data related to the construction in order to manipulate the performance of overseas construction works. The Defendant proposed that D, who is performing the construction works in the name of S, S, etc. from S, S, will pay the price for the construction contract, construction outline, construction specifications, photographs, drawings, etc., which are necessary for the performance report. D, after accepting it, shall provide the above data to the Defendant through Dong E, who remains in Korea, and E, shall provide the overseas construction works.

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