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(영문) 서울북부지방법원 2017.04.27 2016고단4696
사기등
Text

The punishment of defendants shall be two years and six months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Competitive bidding for the purchase of manufactured goods conducted by the Public Procurement Service and the Defense Acquisition Program Administration by placing an order by various public institutions, such as the Government and local governments (hereinafter referred to as "end-user institution"), shall be allowed only to participate in a tendering procedure for the direct production of the manufactured goods subject to bidding.

In the process of performing the bid-related affairs conducted by the Public Procurement Service and the Defense Acquisition Program Administration by joining the company of mid- to half-yearly, 2010, the Defendant became aware of the fact that, by participating in the bidding administered by the said agency, the goods subject to the bid will be manufactured at the low-price cost by using the companies in China, and if the goods are supplied as if they were directly produced, they will enjoy more profits than directly produced.

The Defendant, when operating a business entity, such as J and K from mid-2013, proposed to the public procurement agency or defense project agency that has already been awarded the contract at the low price, supplied the goods at the low price through a procuring entity in China, received the price for goods from the procuring entity, and offered the remainder of 5 to 10% of the successful tender amount to the successful bidder. The Defendant, along with the Defendant, excluded several participating companies from the tender, provided that the National Federation of Small and Medium Enterprises does not directly produce evidence issued by the procuring entity, he/she shall obtain proof of production by using false factories, facilities, human resources, samples, etc.; and (2) if one of them receives the successful tender at the bid price offered by the Defendant at the same time, he/she shall enhance the successful tender ratio of the procuring entity connected with the Defendant by having the procuring entity manage one tender at the bidding price offered by the Defendant; and (3) if one of them receives the successful tender price at the bid price offered by the Defendant, he/she directly receives advance payment from the successful bidder or arrange the successful bidder to arrange the procuring entity to claim against the procuring entity.

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