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(영문) 서울중앙지방법원 2018.06.27 2018고단334
사기등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Reference Facts]

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 persons are parties to a contract who can select the same or similar kind of commodities in quality performance, efficiency, etc., but 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.

Meanwhile, it is a principle that the Administrator of the Public Procurement Service pays on behalf of the head of a procuring entity the method of paying the contract amount under a multiple supplier's commodity contract (Article 5-4 (1) of the Procurement Act).

B. The director of the contract division of the Public Procurement Service that outlines the procedures for the operation of the system under the multiple supplier contract shall determine the intended volume to be purchased under a multiple supplier contract in consideration of the market conditions of the goods for demand [Article 10 of the Regulations on Handling of Business Affairs of Multiple Suppliers (Enforcement Decree No. 1622, Oct. 1, 2013; hereinafter the same shall apply], and make a public announcement using the national comprehensive electronic procurement system (Article 12 of the Regulations on Handling of Business Affairs of Multiple Suppliers) (Article 12 of the Regulations on Handling of Business Affairs of Multiple Suppliers). The director of the contract division shall assess the eligibility of a person who intends to participate in a multiple supplier contract pursuant to the "Standards for Assessment of Eligibility for Multiple Suppliers Contracts" (Article 14 of the Regulations on Handling of Business Affairs of Multiple Suppliers Contracts). The director of the contract division shall, as a result of the evaluation of eligibility,

In principle, price data shall be submitted according to the standard of transaction data between two months based on the month before the day prior to the day as a result of the evaluation of eligibility (Article 16 of the many supplier contract work regulations).

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