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(영문) 대전지방법원 2019.02.19 2018고단1176

입찰방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Where an electronic bid for the supply of food materials in the School Meals (EAT) by the Korea Agriculture and Food Trade Corporation operated and managed by the Korea Agriculture and Food Trade Corporation, it shall not be conducted by lending the name of any other company, nor shall it be conducted in duplicate for the same publication in the same area.

Nevertheless, around May 208, the Defendant operated food materials supply companies with the trade name of “stock company C” in Seo-gu, Seo-gu, Daejeon. In most cases, when an order for the purchase of school meal materials at each level was made through the “Food and Fishery Products Electronic Procurement System (EAT)” of the Korea Agricultural and Fishery Products Exchange operated and managed by the Korea Food and Fishery Products Trade and Food Trade Corporation, the Defendant intended to establish food materials supply companies under the name of family members for the purpose of raising the bid price ratio for school meal materials supply in the same bidding. On April 2014, the Defendant intended to establish food materials supply companies under the name of “F” in Seo-gu, Daejeon, Seo-gu, Daejeon, with the name of “F” in the name of “F”, and reflected the same bidding in the same bidding in the name of “F” after notifying the school of participation in the bidding, the pre-designated bid amount, etc., even if one of the two enterprises is awarded a successful bid.

around September 23, 2014, the Defendant participated in the bidding of the “Public Notice on Small-Scale Estimated Goods for Food (Agricultural & Industrial Products) for the meal (Agricultural Products) for October 2014, which is ordered and managed by the Korea Agriculture and Fisheries Corporation, in the name of “C”, and ordered D’s husband G to participate in the bidding in the name of “F” while informing D’s husband G of the bid bid price, etc., and G made duplicate bids in the name of “C” in the name of “C” by means of participating in the bidding according to the direction.