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(영문) 의정부지방법원 2014.05.02 2013고단4012

입찰방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant shall be the operator of C, a school meal service company, who is operated and managed by the Korea Agriculture and Food Trade and Food Trade Corporation, to participate in an electronic bid for food materials "Food Product Electronic Procurement System" in the Agricultural and Fishery Products Exchange, the Defendant shall not lend the name of any other company to cover the same or to cover the same public announcement.

Nevertheless, as the number of participating companies in the above "Electronic Procurement System for School Meal Service" has rapidly increased, the sales of the defendant's company have been reduced rapidly, and the defendant has failed to comply with the electronic bid and to participate in the same bid under the name of the disguised company or the subcontractor established in the name of the employee for the purpose of raising the successful bid rate, or to participate in the same bid under the name of another company.

On December 19, 2011, the Defendant participated in the “electronic bid for food materials at Ehigh School” (Ehigh School) that is ordered and managed by the foregoing Corporation at the D Office located in Namyang-si, Namyang-si, the Defendant was awarded a bid in the name of K by means of the above C, G established in the name of K staff F, I established in the name of K, I established in the name of staff H, and by means of the K’s authorized certificate in the operation of the Customer J, and received a bid in KRW 12,308

In addition, from around that time to May 2, 2013, the Defendant: (a) awarded a bid of KRW 2,819,851,378 through the same method over 158 times, as indicated in attached Table 1, and obstructed the fairness of the “Electronic Procurement System for School Meals”, which is managed by the said construction.

2. No person who violates the Digital Signature Act shall transfer or borrow an authorized certificate from another person for the purpose of exercising it;

Nevertheless, on January 20, 2009, the Defendant obtained C’s authorized certificate from L, the nominal owner of the C Company, for the purpose of using it in bidding for school meal services at D Offices located in Namyang-si, Namyang-si.

The defendant, including that, from around that time to June 2012, is identical 14 times as shown in the list of crimes in attached Form 2.

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