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(영문) 광주지방법원 2014.02.12 2013노1676
사기등
Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C shall be punished by a fine of 5,000,000 won.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. Defendant B’s imprisonment (one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) imposed by the lower court is too unreasonable.

B. In full view of the inspection-related provisions, the lower court acquitted the Defendant of this part of the charges on the ground that it is limited to “the part buried after the completion of construction, such as underwater, underground structures, and low parts,” even though the fact that the construction supervisor’s supervision protocol prepared by the Defendant C extends to the entire construction work.” In so doing, the lower court erred by misapprehending the fact that

2. Determination

A. 1) The summary of the facts charged is that Defendant C is the director of the Military Affairs Office of the Military Affairs of the Republic of Korea and is the supervisor of the construction of the construction of the instant case. (A) The Defendant, who prepared a false official document around December 28, 2009, was aware that B did not purchase the steel in the Urban Development Project Office of the Military Affairs Office of the United States Armed Forces of the United States Armed Forces of the Republic of Korea, and even though he knows that B did not purchase the steel.

Upon submitting the construction completion report attached to a forged supply contract, etc., it was confirmed that the construction supervisor C was supervised in accordance with the construction design documents, specifications, quality control standards, and other agreements throughout the entire construction work as a result of the on-site supervision being appointed as a supervisor of the construction project with M (State) A on May 15, 2009 through a computer in the form of a pre-determined construction supervision protocol, from May 19, 2009 to December 23, 2009. On December 28, 2009.

Accordingly, for the purpose of exercising, the Defendant prepared a false statement of supervision by the construction supervisor, which is an official document.

B. On December 28, 2009, the Defendant’s uttering of a false official document is a public official in charge of the accounting of the office of the United States Armed Forces within the territory of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Republic of Korea

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