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(영문) 부산지방법원 2017.01.26 2016고단5117

입찰방해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is a person who operates the F Co., Ltd. in Gangseo-gu Busan Metropolitan Government E.

In the event that an electronic bid for the supply of food materials for "School Meal Electronic Procurement System" operated and managed by the Korea Agricultural and Fishery Products Distribution Corporation, and an electronic bid for the supply of food materials for "State master", which is a national electronic procurement site, is obstructed, no one shall lend the name of a disguised enterprise or make a duplicate bid for the same publication.

In addition, the schools in the Gyeongnam area limited the bidding qualification company to those located in the Gyeongnam area while publicly announcing the above electronic bidding, so the above F in Busan area was not entitled to participate in the bidding.

Nevertheless, on September 8, 2009, the Defendant established “G”, a disguised business entity in the Jinhae-si, Changwon-si, Changwon-si, which was a disguised business entity in the same Gu, for the purpose of raising the successful bid rate, and received a certificate of official approval necessary for electronic bidding respectively after establishing the “H”, a disguised business entity in the same Gu around August 12, 2013.

1. On March 21, 2011, at the above F Office, the Defendant was awarded a bid of KRW 17.35 billion in total 4.52 times in total with “G” and “G” electronic bidding of “G”, as shown in attached Table 1(1), from around October 23, 2015, in participating in “the purchase of food at school of April 201 from the International Middle School,” which was publicly announced on the electronic bidding website of “the country’s site,” and the Defendant was awarded a bid of KRW 3,140,000,000,000 from the time of the bid to October 23, 2015.

2. On October 25, 2013, the Defendant, at the foregoing F office around November 25, 2013, in participating in the “public announcement of the electronic submission of food levels at the new room elementary school in November 2013,” as a disguised company, and received a successful tender of KRW 2,3350,00 from that time until November 25, 2015, the Defendant provided “school meals” as shown in the attached Table (1).