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(영문) 광주지방법원 목포지원 2021.02.18 2021고단4

특정범죄가중처벌등에관한법률위반(알선수재)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Reference Facts]

1. A multiple supplier contract;

A. 1) The Administrator of the Procurement Service may conclude a contract with only the unit price determined in advance when he/she manufactures, purchases, processes, etc. the demand materials required by a procuring entity (Article 12(1) of the Procurement Act). In such cases, the Administrator of the Procurement Service may conclude a unit price contract for a third party with two or more parties to the contract so that the procuring entity may select the same or similar kinds of demand materials as quality, performance, efficiency, etc. to purchase the demand materials required by a procuring entity (Article 13(1) of the same Act and Article 13(1) of the same Act). In addition, in the case of the supply of goods under a multiple supplier contract, the Administrator of the Procurement Service shall pay the price for the performance of the contract on behalf of the head of the procuring entity (Article 15(1) of the same Act and Article 18(1)3 of the Enforcement Decree of the same Act). Where the State or a local government concludes a contract with the State or a local government on behalf of the procuring entity, but the State or local government may exceptionally select the public procurement contract and call the contract.

B. 1) The head of the contract division of the Public Procurement Service shall determine the expected quantity to be purchased under a contract of multiple suppliers in consideration of the market situation of demand materials and shall announce it to the "State-place".

2) The chief of the contract division shall be the director.