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(영문) 의정부지방법원 고양지원 2014.09.04 2014고합126
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for two years and fines for 35,000,000 won, and Defendant B shall be punished by imprisonment for one year and six months.

Defendant

A above.

Reasons

Punishment of the crime

1. From around 2007, Defendant A is a person who had been operating the Plaintiff Company I (hereinafter “I”) located in Busan-gun H, Busan-gun, and engaged in the railroad parts supply business, etc., and Defendant B is a person who operated the KK located in Busan-gun, Busan-gun from around 2008 to around 2008 and is engaged in the manufacture of railroad parts.

2. Delivery procedures and inspection of goods of the Korea Railroad Corporation;

A. In order for the Korea Railroad Corporation to purchase railroad goods, etc., (1) after investigating the demand for goods at the former vehicle office, (2) after investigating the demand for goods, the purchase plan and standard specifications (or construction specifications) shall be submitted to the financial management office, (3) after public notice of the competitive bidding, the service contract shall be concluded by the successful bidder in accordance with the limited minimum bid method. (3) Goods produced by the successful bidder shall be supplied by the successful bidder in accordance with the purchase contract only when the goods meet the above standards after undergoing the initial inspection, the interim inspection, and the pre-inspection.

The person in charge of inspection belonging to the Korea Railroad Corporation shall request an external testing institution, such as the Korea Testing and Research Institute or the Korea Railroad Technology Institute, to test whether the successful bidder satisfies the standards, among goods produced by the successful bidder, and may conduct an inspection using testing facilities owned by the successful bidder himself/herself.

B. In the case of the Korea Railroad Corporation's tender notice and the purchase contract agreement on railroad parts, the tender "to be limited to manufacturers" is included in the "Restrictions on the classification of goods" column of the electronic tender notice "to G2B eight pages" and the "Restrictions on the classification of goods to manufacturers" column. Meanwhile, the former is included in the "Restrictions on the classification of goods" column.

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