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(영문) 수원지방법원 성남지원 2015.01.14 2014고정1979

입찰방해

Text

Defendant

A A The fine of KRW 4,00,000, the fine of KRW 500,000, the fine of KRW 500,000, and the fine of KRW 3,000, each, shall be imposed on Defendant C.

Reasons

Punishment of the crime

The bid for the "Food Procurement System for School Meal" of the head of the Public Procurement Service and the Gyeonggi-do Office of Education may not guarantee the successful bid by providing the lowest bid price, such as where the lowest bid price is set, and where the minimum bid price differs from the bid price of other companies, the highest bid price shall not be guaranteed, and where one company in the system operates and manages the same bidding price, it restricts the bidding for several prices for the case of the same public tender announcement. Thus, in participating in the above electronic bid, the fair bid shall be fair in the event that the bidding is conducted at several prices by lending the name of other companies in order to increase the successful bid price or multiple companies participate in the bidding by collusion with the price.

1. Defendant C is the representative of “E (State)” and “F” at the same place, which is the kimchi distribution business entity in Sungnam-si, Sungnam-si, and the first floor, and the defendant’s mother G, and the defendant’s husband I actually operates “K”, which is the kimchi distribution business entity in Sungnam-si, Sungnam-si, the defendant’s husband I under the name of the defendant’s mother G.

In order to enhance the bid price rate in the above e-Procurement System, the Defendant established and operated the above place of business, and decided to make a double bidding to the company that can be supplied by item according to the public notice of tender under the name of the company actually operated as above, and received an official certificate with the registry of a person in charge of electronic bidding along with the registration of members as food materials supply company.

On February 23, 2011, the Defendant recognized the fingerprints of a bidder in the electronic bid notice for “LL high school's electronic bid notice for the purchase of meal goods (kimchi) from March to April 2011 at the above K office, and obtained certification using an authorized certificate.”