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(영문) 서울북부지방법원 2018.02.09 2017고단3244

업무방해등

Text

Defendant

A, Defendant B, Defendant C, and Defendant D are sentenced to six months of imprisonment, Defendant E, Defendant F, Defendant G, and Defendant G.

Reasons

Punishment of the crime

A competitive bidding for the purchase of manufactured goods conducted by the Public Procurement Service and the Defense Acquisition Program Administration after placing an order by the Government, a local government, or any other public institution (hereinafter referred to as a "user institution") shall be limited to an enterprise which has the intent and ability to directly produce the manufactured goods subject to a tender, and the enterprise which has won the project shall produce the goods subject to the tender directly and supply them

L was aware of the fact that from half of 2010, while participating in a tender under the supervision of the Public Procurement Service and the Defense Acquisition Program Agency, the goods subject to the tender will be manufactured at low-price costs by using the companies located in China, etc., and if they are supplied as if they were directly produced, the successful bidder will be able to enjoy more profits than the case where the successful bidder directly produces the goods subject to the tender.

L is operating “M and N” from the middle half of 2013: (a) proposal is made to the public procurement agency or defense business agency for the bid to supply the goods manufactured at low price at the low price through the company in China; (b) receive the price for the goods from the end-user institution to the successful bidder; and (c) he/she acquires the remainder to participate in the bid together with himself/herself; and (c) where there is no proof of direct production issued by the small and medium enterprise federation to the above companies, he/she shall obtain a direct production certification using false factories, facilities, human resources, samples, etc.; and (b) where there is no proof of direct production issued by the small and medium enterprise federation to the above companies, he/she shall enhance the probability of the successful bid of the companies related to him/her by simultaneously bidding at the same time with one bid price, etc.; and (c) where one of them is awarded the successful tender, he/she shall be supplied by the successful bidder at the low price through the company in China.