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(영문) 서울동부지방법원 2016.04.29 2015고합292

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendants shall be punished by imprisonment for not less than three years and six months.

Defendant

A 48,007,898 won from A, and 29,000 from Defendant B.

Reasons

Criminal facts

Defendant

A From January 2011 to October 2015, a social welfare foundation I Association (hereinafter “I Association”) started to work and served as the representative of J, which is a workplace affiliated with the foregoing Association, from January 201 to October 2015. Defendant B began to work at the J from 1989 and came to work from 2011 to 2013, and was working as the head of the marketing headquarters from 2014 to 2015.

1. Where a State agency or a local government, public corporation or quasi-government institution, etc. intends to enter into a contract, it shall be done by general competition in principle. Where it enters into a contract for the manufacture, purchase, or service of goods with a person of distinguished service to the State or disabled persons, etc., it may enter into only a number of contracts for the goods directly produced by such organization and for the services directly provided (Article 7(1) of the Act on Contracts to Which the State Is a Party, Article 26(1)4 of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party, Article 9(1) and (3) of the Act on Contracts to Which a State Is a Party, Article 25(1)7-2 of the Enforcement Decree of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 25(1)1 and 7-2 of the Act on the Operation of Public Institutions, Article 39 of the Act on the Management of Public Institutions, Article 8(7) of the Rules on Contracts to Public Institutions.

Defendants, as above, are “CCTV, LED lighting, internal broadcast equipment, etc.”