Defendant

A and C shall be punished by imprisonment for 2 years and 6 months, and by imprisonment for 2 years, respectively.

except that from the date of this judgment.

Criminal facts

Defendant

C Provided, however, Defendant C resigns from the position of joint representative director on January 26, 2014. Defendant A is a joint representative director of D Co., Ltd. (hereinafter “D”) who imports reinforced materials for civil engineering and sells business, and Defendant B is an employee of D, who has been in charge of entering into a multiple supplier contract with the Public Procurement Service.

[Reference Facts, etc.]

1. The multiple supplier contract system;

A. In the event that the Administrator of the Public Procurement Service deems it necessary to satisfy the diverse needs of end-user institutions in purchasing commodities commonly required by each end-user institution, at least two parties to a contract are qualified to select the same or similar kind of commodities in quality, performance, efficiency, etc., and in this case, a contract is entered into through price negotiations for a person who satisfies certain standards by evaluating the management status, etc. of the other party to a contract.

Article 2 subparag. 3 of the Regulations on the Performance of Duties of Multiple Suppliers; Article 2 subparag. 2 of the Special Conditions for Multiple Suppliers’ Contracts; “Multiple Suppliers’ Commodity Contracts” is distinguishable from a general procurement contract for goods that the Administrator of the Public Procurement Service concludes with a large number of suppliers, in that it is expected to conclude a contract with a large number of suppliers for goods to be purchased at the time of the public announcement of purchase, on the following grounds: (a) evaluation of eligibility and a price negotiation procedure as follows; and (b) evaluation of eligibility and a price negotiation procedure.

In order to realize the purpose of the current system, the head of the procurement administration determines only the unit price of the goods required until the contract is concluded, and requests for the supply of the goods are selected the so-called "unit price contract for a third party" system directly by the head of each procuring entity.