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(영문) 의정부지방법원 2017.01.23 2015고단3632

입찰방해등

Text

1. Defendant A shall be punished by imprisonment for three years.

2. Defendant B shall be punished by imprisonment for eight months.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A is the representative director of K K of the Tong-gu, the defendant B is the person who operates the food manufacturing business chain M in the North-gu, Gwangju, and the defendant C is the representative director of N in Guri-si.

1. Defendant A and Defendant B’s joint crime committed on February 15, 2013: (a) in order to prevent a bid for the trade name of Qu, an enterprise under the name of his/her spouse, which had been engaged in the manufacture of Class 6-Class 6, such as walk walk walk walk walk walk walk walk walk walk walk to the Defendant B, who was seeking to join the K at the time of February 14, 2013 at the time of Defendant A’s participation in the military supply tender of the Navy on February 15, 2013, thereby allowing them to join the said association and receive a joint supply and demand.

“The meaning of “.......”

Accordingly, Defendant B bided to the above supply case at KRW 27,00,000 and bid at KRW 26,500,000 around February 21, 2013 was selected as successful bidder.

As a result, the Defendants conspired in collusion to harm the fairness of tender by deceptive means.

2. On March 21, 2013, Defendant A selected as a successful bidder on March 29, 2013 Qu, a company established under the name of his spouse, as the highest competitive bidder, on the ground that: (a) in order to prevent a bid price of KRW 99,500,000 in the case of supply of 10 kinds of production, such as kimchi-making forest; and (b) in order to prevent a bid by a single bid at the J’s trade name, Defendant A’s bid price of KRW 101,00,000, the Defendant was selected as the successful bidder around March 29, 2013.

Accordingly, the defendant has harmed the fairness of bidding through fraudulent means.

3. On May 21, 2014, Defendant A and Defendant C’s joint criminal act bided to the “Jamss of sons” of the Defendant’s order issued by the Defense Acquisition Program Administration on May 21, 201, but, on June 5, 2014, they re-tendered to the “Jams of sons” on the “Jams of sons” on June 5, 2014, and upon the appointment of the J as the successful bidder around June 11, 2014, the J supplied 246,00 gams of sons of son.