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(영문) 서울고등법원 2014.02.28 2013노3799

특정경제범죄가중처벌등에관한법률위반(사기)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment and two years of suspended execution) imposed by the court below on the defendant is too unreasonable.

2. While declaring that the statutes related to a state contract in the form of a contract based on a general competitive bidding are the form of a contract, it is exceptionally permitted to enter into a private contract only in cases where it is inevitable to enter into a private contract in light of time limit, characteristics of a contract, etc. or general competitive bidding is inefficient. Meanwhile, as in the instant case, it is also allowed to enter into a private contract even in cases where a contract is entered into with a person who has rendered distinguished services to the State or an organization established to provide jobs, veterans welfare services, etc. to the disabled, etc. for the purpose of promoting self-support and promotion of welfare for the disabled by financially supporting the relevant organization. This constitutes a special case among the reasons for a private contract as an exception to a general competitive bidding, and the legislative intent above should

However, even though the Defendant was not a general business operator who is not originally entitled to enter into a negotiated contract, the Defendant entered into a supply contract with the Defense Acquisition Program Administration by lending the name of D, and furthermore, in the process of putting it into an intermediate business such as H operated by himself in excess of the unit price of raw materials, and acquired some price of supplied goods by submitting a tax invoice which is false cost data to the Defense Acquisition Program Administration

This is not only abused the private contract system to support the self-support and promote the welfare of the members of social welfare foundation as a means of facilitating the personal interests of the defendant, but also the fairness of the conclusion of public contracts that the state becomes the parties by the transfer of the government's budget composed of the people's valuable taxes to the defraudation.