2014 Highest 10305 Highest 2010

Uttering of official documents, altering private documents, uttering of altered private documents, fraud

A

Kim Jong-tae (Court) and Kim Jong-tae (Court of Justice)

Law Firm B, Attorney C

March 4, 2015

A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

The defendant is a deputy head of D Co., Ltd. who is a company that supplies multi-purpose excavation equipment entering the Defense Acquisition Program Administration, etc., and takes charge of quality control, etc.

1. Forgery of public documents, alteration of public documents, and alteration of private documents;

On April 13, 2008, the Defendant was unable to supply the test report to the Defense Acquisition Program Administration, which was entered into the Multi-Purpose Excavation, because it was impossible for the Defendant to prepare the test report for the issuance of an authorized agency with respect to the EL Entertainment entering the Multi-Purpose Excavation (for purifying air). On December 13, 2007, the Defendant used the previous test report to newly create the test report using the test report (F) in the name of the Administrator of the Small and Medium Business Administration in Busan and Ulsan Regional Business Administration on December 13, 2007.

On April 13, 2008, the defendant stated that "test results" in the title column, "H" in the applicant's name column, "T" in the resident registration number column, and "L" in the business name column, "K" in the testing method, "KN 6518" in the testing method column, "KN 6518" from the date of receipt on December 13, 2007, "207 in the name of the Administrator of the Small and Medium Business Administration and the Administrator of the Small and Medium Business Administration and the Administrator of the Small and Medium Business Administration, "207 in the name of the plaintiff and the Administrator of the Small and Medium Business Administration and the Administrator of the Small and Medium Business Administration," "10 days in the name of the plaintiff and the Administrator of the Small and Medium Business Administration," "20 days in the name of the plaintiff and the Administrator of the Small and Medium Business Administration and the Administrator of the Small and Medium Business Administration," "3 days in the name of the plaintiff and the Administrator of the Small and Medium Business Administration, and Medium Business Administration, "10 days in Busan.

2. Uttering of forged or altered official documents, uttering of altered official documents, and uttering of altered private documents;

On April 4, 2008, the Defendant, at the above D office, stored the test report in the name of the Administrator of the Small and Medium Business Administration in Busan and Ulsan District Industrial Complex, which is a forged public document, in order to undergo quality inspection prior to the supply of a liver Lutain, entering the liver liver liver liver liver liver liver livers livers to the Defense Acquisition Program Administration, submitted it by accessing the quality management information system to the Agency for Technology and Quality Management, and exercised it as if the test report

In addition, from April 4, 2008 to April 2010, the Defendant submitted a report under the name of the president of the Korea Chemical Examination and Research Institute in the name of the Administrator of the Small and Medium Business Administration in Busan and Ulsan District, and a private document altered in the above manner three times, such as the statement in the attached list of crimes, to the inspector in charge of the Defense Technology and Quality Agency and the 2010 M&T corporation.

3. Fraud;

Around April 4, 2008, the Defendant supplied the instant products to the Defense Acquisition Program Administration for multi-purpose excavation devices, and the Defendant, even though there was no test report issued by a certified institution, submitted a false public document under the name of the Administrator of the Small and Medium Business Administration in Busan and Ulsan Regional Small and Medium Business Administration, as described in paragraph (2), thereby deceiving a public official in charge of inspection under the name of the Defense Acquisition Program Administration as if the products meet supply standards through normal testing. On May 16, 2008, upon receiving the pass decision from the said employee, the Defendant was issued to the Defense Acquisition Program Administration with the pass report issued by the said employee, and then received KRW 1,218,730 from the Administrator of the Defense Acquisition Program Administration.

In addition, the Defendant, from May 16, 2008 to October 29, 2010, by deceiving the public official in charge of inspection on the name and non-name of the Defense Acquisition Program Administration and the victim, the Defense Acquisition Program Administration and the victim, who were the victim, to receive KRW 77,768,730 in total for the supply price from the victim, as described in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of M, N,O, or P or a copy thereof;

1. A copy of the test, analysis and analysis report, technical review report, etc., the current status of supply and technical review report, the purchase basic contract, a copy of the purchase contract entered into by the Defense Acquisition Program Administration, and a copy of the supply statement of 20DT, such as the results of analysis and analysis, the report of technical review

Application of Statutes

1. Article applicable to criminal facts;

Article 225 of the Criminal Act (a point of forgery or alteration of an official document), Articles 229 and 225 of the Criminal Act (a point of uttering of an official document, respectively), Article 231 of the Criminal Act (a point of modification of an official document), Articles 234 and 231 of the Criminal Act (a point of uttering of an official document, respectively), Article 347(1) of the Criminal Act (a point of fraud)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (see, e.g., Article 62(1) that the defendant seems to have committed a crime; Article 62(1) of the Criminal Act provides that the material quality of the supplied parts might not be at issue; Article 62(1) of the Criminal Act provides that restitution of the goods supplied to 20DT shall be taken; Article 62(1) of the Act provides that the Administrator of the Defense Acquisition Program Administration promises restitution according to the request;

Judges Lee Dong-won