입찰방해
The defendant is not guilty. The summary of the above judgment shall be publicly notified.
1. The summary of the facts charged is that the Defendant is a person running the wholesale and retail business “C” and “D”, such as safety supplies.
On September 2, 2012, around 18:07, the Defendant, at the Defendant’s house of 13 104, the E building 13 and 104, participated in the bidding in the name of the 27 product supply company designated by the F Unit C, such as ABC fire extinguishing agents ordered by the F Unit, and, in the case of a single bidding, entered the bid price in the H name operated in the name of the Defendant’s spouse by means of a computer on September 25, 2012, around 07:24, the Defendant followed the process of selecting the said supplier by a deceptive scheme, by entering the bid price in the name of H that is actually operated by the Defendant’s spouse under the name of the Defendant’s spouse, and by complying with the d owner’s fingerprint recognition.
2. The Defendant’s defense counsel asserts that, as a separate business entity, C and D who participated in the tendering procedure for the suppliers ordered by the F Unit, participated in the tendering procedure on the basis of the basic price stated in the tender notice, respectively, and failed to receive a successful bid on the ground that the bid exceeds the pre-sale price. The Defendant did not engage in collusion, even if not, it cannot be deemed that C and D interfered with the fairness of the tendering procedure because they failed to receive a successful bid at the price invested by both C and D.
3. Fact-finding and judgment
A. According to the records of this case, the following facts are recognized.
(1) The Defendant is a business operator of C in Gangwon-si, Gangwon-si, and the Defendant’s spouse G is a business operator of D located in the Gyeonggi-si, Seocheon-si.
(2) On September 13, 2012, F Unit published a notice of tender for items 27, ABC fire extinguishing agents, etc. on September 13, 2012; however, the first bidding date that was enforced on September 19, 2012, which was failed to comply with; on September 25, 2012, C, on the retender date that was undertaken on September 25, 2012; on September 22, 2012; and D, on September 25, 2012, respectively, on the basis of the bid price.