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(영문) 부산지방법원 2016.10.20 2016고단3386

입찰방해

Text

A defendant shall be punished by imprisonment for one year.

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

The Electronic Procurement System for School Meal Services has determined a successful bid, and the minimum bid price is different from the bid price of other companies, and thus, it is not possible to guarantee the successful bid by having the minimum bid price. The system restricts the participation of one company in the same tender announcement case at several prices. As such, in participating in the electronic bid, the process of bidding is to be ensured if 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 in collusion with the price.

The defendant, as a representative of (State) D, who is a food material supplier for school meal in Gangseo-gu Busan Metropolitan City, registered N in the name of (State) J, F, H, H, and I in the name of (State), K, G in the name of (State), K, H, and I, and conspired to increase the successful bid rate by registering the above enterprises as food material supplier for school meal services to the Public Procurement Service, and supplying them to the Public Procurement Service.

On October 28, 2014, the Defendant issued a public notice of “smallest amount of contract” to be supplied to O elementary schools at the above (O), P, agricultural products, fishery products, industrial products, and grains in the name of the company at a different bid price. The Defendant received a successful bid price of KRW 18,726,00 in the name of the said company, and received a successful bid price of KRW 18,726,00 in the name of the said company. From October 24, 2014 to November 25, 2015, the Defendant was awarded a successful bid of KRW 4,421,020,279 in total on 214 occasions, as shown in the list of crimes in the attached Form. < Amended by Presidential Decree No. 25780, Oct. 24, 2014>

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police officer with respect to E, F, G, I, and H;

1. Statement of the police statement of Q Q;

1. Documents for registration, such as a business registration certificate for six enterprises, including a credit rating bank D;

1. The whole of six companies, including the credit rating company D;