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(영문) 수원지방법원 2013.10.11 2012고합253
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

Defendant

A is the actual operator of “F”, the Director General of the Office of Affairs of F (hereinafter referred to as “F”), who is an incorporated corporation, and Defendant B is the head of the F business and the actual operator of “H” of “F.”

According to the Act and the Enforcement Decree of the Act on Contracts to Which a local government is a party, when a local government enters into a contract, it shall be based on a general competitive bidding method in principle, but exceptionally, when concluding a contract with welfare facilities for the disabled or welfare organizations for the disabled under the Act on Welfare of Persons with Disabilities, a private contract may be

Article 9(1) and (2) of the former Act on Contracts to Which a Local Government Is a Party (amended by Act No. 9423, Feb. 6, 2009); Article 9(1) and (3) of the Act on Contracts to Which a Local Government Is a Party; Article 25(1)8(f) of the former Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party (amended by Presidential Decree No. 22303, Jul. 26, 2010); and Article 25(1)8(f) of the former Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party where a facility or organization enters into a negotiated contract with a local government, it is unnecessary to separately verify direct production in accordance

The Defendants under Article 33(1)3, the main text of Article 9(1)2, and Article 10(3)1 of the Enforcement Decree of the Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Development of Market Support shall pay 3% of the contract amount as the F Welfare Fund, and as the above organization requires a certificate of direct production verification in the name of the above organization, it is necessary to conclude a free contract with the local government, etc., and after receiving a fact-finding survey as if they were a factory that produces CCTV, broadcasting equipment, etc., the F Goyang-si Branch

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