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(영문) 서울중앙지방법원 2015.10.29 2015고합793
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

To the extent that the facts charged in the indictment do not disadvantage the defendant's exercise of his/her right to defense, some correction or correction was made according to the facts obtained through the examination of evidence.

[The normal process of successful tender through Laz] When the finance officer of the Public Procurement Service (a local government, etc.) announces the construction of facilities, such as the basic amount, situation rate (±2% of the central government procurement, 【3% of the local government procurement), etc., the bidder (construction company) who meets the contents of the public tender notice during the bidding period, arbitrarily selects two of the 15 vacant spaces without indicating the examples while entering the bid price using certified bidder PC, and then stores the value in the server of the Public Procurement Service. The finance officer creates 15 examples within the range of the assessment rate of the basic amount of the construction, and then transmits them to the server of the Public Procurement Service, and then retransmittings the same value with the finance officer's certificate, but the process of storage is not indicated on the screen.

In addition, when the bidding period expires, the system shall determine the highest four examples of the highest choice of bidders automatically at the opening date, and shall again determine the expected construction amount by multiplying the expected construction amount by the bid bid rate (87.745% of the construction cost, and the construction cost by at least one billion won but less than three billion won: 87.745% of the construction cost: 86.745% of the construction cost, and below 86.745% of the construction cost), and shall enter into a contract after examining the bid price against the bidder who participated in the bid price near the lowest bidder among the tender amount, and selecting the final successful bidder.

In the case of a tender for facility construction ordered by a local government, etc., it shall be conducted in the order of a tender announcement, preliminary examination, bidding, opening, qualification examination, successful bidder selection, and contract order as above, which is the most adjacent to the successful bidder.

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