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(영문) 수원지방법원 안산지원 2017.12.19 2017고합221
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment for three years, Defendant B, and C shall be punished by imprisonment for one year and six months.

However, Defendant B and C.

Reasons

Punishment of the crime

In the judgment on the issues mentioned later, the part of the facts charged was revised to the extent that it does not interfere with the defendants' exercise of their right to defense, according to the contents of the judgment in Section 2-A.

Defendant

A as the representative of “N”, who supplies mooring and control equipment, etc. to the government offices, Defendant B’s executive director, andO’s executive director, and P’s executive director, as an incorporated Q&A, who actually operates the said R, and Defendant C is the director in charge of the above R’s business.

In order to conclude a contract with a local government as a party, the public tender method shall be followed in accordance with the "Act on Contracts to Which a Local Government Is a Party", and the Minister of Health and Welfare may conclude a contract by multiple contracts only in exceptional cases where the conditions prescribed by the above Act are met, such as where he/she supplies human resources and products directly produced by using production facilities that consist of persons with severe disabilities at an organization designated as a facility for the production of persons with severe disabilities.

Nevertheless, with regard to the replacement project of the Central Monitoring System ordered by S around November 2015, the Defendants and the aboveO conspired to receive the supply price of government-funded materials by entering into a multiple contract in the name of Q, with the knowledge that it is impossible to directly produce the above Central Monitoring System as the human resources and production facilities of the above R, and thus, it is difficult for the State or local governments to directly produce a number of contracts on the condition of direct production at the medium-friendly production facilities for persons with disabilities, with the knowledge that it is impossible for the State or local governments to directly produce a number of contracts on the condition that the above Central Monitoring System cannot be directly produced at the medium-friendly production facilities for persons with disabilities. The Defendants A and the aboveO agreed to receive government-funded materials after entering into a multiple contract in the name of Q, around November 18, 2015.

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