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(영문) 대전지방법원 2012.02.16 2011고합177
특정경제범죄가중처벌등에관한법률위반(사기) 등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The Defendant is the actual operator of D (hereinafter “D”) that was established for the purpose of the business of manufacturing lighting equipment and parts, such as power distribution base, electric control base, electric control base, control control base, and landscape lighting fixtures, lighting lighting fixtures, etc., and Eul is an incorporated association F (hereinafter “F”) that has the power of representation (hereinafter “F”) established for the purpose of the business of building a foundation for self-support for physically disabled persons, reporting a job for physically disabled persons, etc., and G is the current director who has the power of representation (from November 23, 2001 to October 20, 2009), and G is the current director who has the F power of representation (from October 21, 2009).

In principle, when a state agency or public corporation intends to enter into a contract, it shall be a general competitive bidding method, but it may enter into a contract by limited competition, designated competition, or private contract only in exceptional cases, and when entering into a contract with welfare facilities for persons with disabilities or welfare organizations for persons with disabilities established under Article 44 of the Welfare of Disabled Persons Act, social welfare organizations for persons with disabilities established under Article 16 of the Social Welfare Services Act, or social welfare organizations established under Article 16 of the Social Welfare Services Act to enter into a contract for manufacture, purchase, or service of goods

Since around 2006, the Defendant had difficulties in supplying power distribution teams, balcony rails, etc. due to the high competition among the companies, while operating D, and introduced E, a director with the F power of representation, and exceptionally allowed to enter into a negotiated contract only in cases of limited cases such as purchase of goods directly produced by the welfare organization for the disabled. The Defendant directly produced power distribution teams, light lamps, balcony rails, etc. from the above F, a welfare organization for the disabled.

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