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(영문) 수원지방법원 안양지원 2015.08.20 2015고단163

입찰방해

Text

Defendant

B A person shall be punished by imprisonment for six months.

However, with respect to Defendant B, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

(Defendant B) The "Food Procurement System for School Meal" bid by the Public Procurement Service and the Gyeonggi-do Office of Education has set the lowest limit for the successful bid, and it is not possible to guarantee the successful bid merely because the minimum bid price differs from the bid price of other companies due to the difference between the bid price and the bid price of other companies. The system-based one company limits the bidding of the same tender price at several prices for the same public tender announcement. As such, the fair bid process should be ensured if the bid is to be invested in several prices by lending the name of other companies in order to increase the bid price rate in the above bidding or by collusion the bid price by several companies.

Defendant

B is a person who is an operator of “G” in “G” in “Y,” and a person who actually operates “H” in the same place under the name of “I” as an employee.

Defendant

B In order to enhance the successful bid rate in the "School Meals" Electronic Procurement System while establishing and operating an enterprise as mentioned above with I, the Defendant, with regard to the case of the same public announcement of the tender, shall differently make double bidding of the amount in the name of the enterprise actually operated as above, and shall participate in the electronic bidding (emergency) in the 2010-year public notice of the purchase of the school meal goods (agricultural goods) at the 2010-year grouping elementary school at the same place on February 17, 2010, in which the Defendant participated in the electronic bidding (emergency) which is ordered and managed by the 2010-year grouping elementary school at the 200-year grouping of the above enterprises, and thereby raising the successful bid rate in the above school’s electronic bidding case at KRW 43,819,200, G was awarded the successful bid price at KRW 43,819,200 from that time until July 31, 2012, each of the above enterprises participated in the electronic bidding in the above method as shown 27 times.

As a result, Defendant B, in collusion with I, manages in each school by fraudulent means.