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(영문) 서울중앙지방법원 2018.10.05 2018고합472

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A Imprisonment with labor for two years, for one year and six months, and for defendant C with a fine for 20,000,000.

Reasons

Punishment of the crime

1. The Defendants’ status, relevant statutes, and premise facts are as follows: (a) Defendant A is operating C Co., Ltd. (hereinafter “C”) which is an importer company in Namyang-si, Namyang-si; and (b) Defendant B is the head of G Central Business Headquarters’s clothes business site, an incorporated association in Busan Metropolitan City, Seo-gu.

Where a public institution, such as the Korea Heating Corporation for Victims (hereinafter referred to as the "victim Corporation") intends to enter into a purchase contract for the supply of various kinds of goods, it shall, in principle, enter into a general competition. However, where it enters into a purchase contract with an organization established for the purpose of providing jobs, etc. to persons with severe disabilities, such as an incorporated association G, it may enter into a number of contracts by designating the relevant organization. In such cases, the goods supplied must be limited to the goods directly produced by

Article 26 of the Enforcement Decree of the Act on Contracts to Which the State is a Party (the case where several contracts may be concluded) (1) Cases where several contracts may be concluded pursuant to the proviso to Article 7 (1) of the Act shall be as follows:

4. Where a contract for the manufacture, purchase or service of goods (limited to goods directly produced by and services provided by the relevant organization) is entered into with any of the following organizations, etc. established for the purpose of providing persons of distinguished service to the State, persons with disabilities, etc. with jobs, veterans or welfare services, etc., or goods are sold or leased directly to such organization, etc.:

Article 7 (Promotion of Purchase by Public Institutions) (1) of the Special Act on the Preferential Purchase of Products manufactured by Persons with Disabilities with Disabilities, among the production facilities manufactured by persons with severe disabilities designated pursuant to Article 9 (1) of the Special Act on the Preferential Purchase of Products manufactured by Persons with Disabilities among the Act on the Preferential Purchase of Products manufactured by Persons with Disabilities.

(4) A public institution may purchase products manufactured by persons with severe disabilities by multiple contracts, and pursuant to Article 11 (1).