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(영문) 대구지방법원 김천지원 2018.01.09 2017고정558

입찰방해

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[The relationship with the accomplices] B is a food distributor who provides meat to a group of meal places; C is a representative interest worker in each name of D, E, and F; G is a representative interest worker in the name of H due to the children of the above B; I is a representative field employee in the name of J; K is a representative field employee in the name of J; K is a representative field employee in the name of L; K is a field employee, M, N, andO in the name of P in order; Q is a representative field employee in the name of P; Q is a representative in the name of R; Q is a representative in the name of R; and Defendant is a field employee in R as his father.

The above D, E, F, H, and J are all companies that the above B lent the name of the above accomplices.

[Methods of bid and reasons for limiting tendering process] A contract for the supply of food materials related to school meal services is concluded through the Food and Drug Distribution System of Korea (EAT), the National Procurement Service (G2B), etc., through "electronic bidding"; in order to participate in the above electronic bidding, various kinds of certification obtained, such as hCCP and hazardous elements priority management standards; and after filing a business report in accordance with detailed standards by type of business after obtaining various certification and business registration; and then, each electronic tendering system should be registered as a member company.

The method of determining a successful tenderer through the foregoing electronic bid is as follows: (i) the method of determining a successful tenderer: (ii) the method of “minimum successful bid” if the contract amount is at least KRW 50 million; and (iii) where the contract amount is at least KRW 20,000 but less than KRW 50,00,00, 【15 reserve price within the limit of 3% of the basic amount disclosed by each public announcement entity; (iv) the average of the highest selected prices among the two selected amounts by each bidder is determined; and (iv) each successful tenderer is determined by the so-called “restricted minimum price” method, which is the successful tenderer who selects a bidder at a minimum price below the estimated price or at a minimum price above the lowest bid price (non-disclosure).

On the other hand, the act of double bid is prevented.