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(영문) 부산지방법원 2019.06.28 2018고합79
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is the representative director of C Co., Ltd. (hereinafter referred to as “C”) who manufactures and sells reinforced materials for civil engineering in Kimhae-si.

[Attachmentd Facts, etc.]

1. A contract system with multiple suppliers;

A. “Multiple suppliers contract” based on Article 5(1) of the Act and Article 7-2 of the Enforcement Decree of the same Act, where the Administrator of the Public Procurement Service deems it necessary to satisfy the diverse needs of each end-user institution in purchasing commodities commonly required by each end-user institution, is at least two parties to a contract so that the end-user institution can choose the same or similar kind of commodities in quality, performance, efficiency, etc., but in this case, the contract is a contract which is entered into through price negotiations with a person meeting certain standards by evaluating the management status, etc. of

In that the majority supplier contract is expected to conclude a contract with a large number of suppliers with respect to the commodities subject to purchase from the time of the public announcement of purchase, it is different from the general procurement commodities purchase contract to be entered into by designating one contracting party without qualification evaluation and price negotiation procedures.

In order to realize the purpose of the current contract with multiple suppliers, the Administrator of the Public Procurement Service determines only the unit price of the commodities in demand until the conclusion of the contract and requests the supply of the commodities in question to the so-called "unit price contract for a third party" that the head of each procuring entity directly executes.

On the other hand, the method of paying the contract amount under the contract with multiple suppliers is a principle that the Administrator of the Public Procurement Service pays on behalf of the head of the procuring entity.

B. A majority supplier contract, such as a purchase contract for general procurement commodities, is a purchase contract for general procurement commodities as seen above in the execution of a contract and the performance of a contract.

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