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(영문) 서울중앙지방법원 2015.10.14 2015고정3235
중증장애인생산품우선구매특별법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to be designated as a production facility for products manufactured by persons with severe disabilities shall obtain designation by the Minister of Health and Welfare after meeting the standards for facilities prescribed by Presidential Decree, employment ratio and quality requirements of persons with severe disabilities, and shall not use the name of the production

The Defendant, who was in charge of the business regarding the supply contract of goods with the public agency of the Eunpyeong Rehabilitation Center, was to supply goods to the public agency under the name of the Eunpyeong Rehabilitation Center by lending the name of C from the representative D in Seoul Special Metropolitan City, and around May 16, 2012, the Defendant was to supply volunteer clothes, etc. in an amount of KRW 21,436,80 to be supplied to the National Pension Service in the name of another company under the name of the Eunpyeong Rehabilitation Center through the above C, and in return for the use of the above name, supplied KRW 643,170 to the National Pension Service in the name of the Eunpyeong Rehabilitation Center, and paid KRW 40,097,520 in total three times as shown in the list of crimes No. 1, as well as paid KRW 2,287,890 in return for the use of the name, and used the name of the Eunpyeong Rehabilitation Center for the use of the goods under the name of the person with severe disabilities.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. The second police statement of H;

1. Application of statutes on designation of facilities for products manufactured by persons with severe disabilities;

1. Article 22 Subparag. 1 and Article 9 (2) of the Special Act on the preferential purchase of products manufactured by persons with severe disabilities and Article 22 of the same Act concerning criminal facts and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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