beta
(영문) 수원지방법원 안양지원 2015.09.10 2015고정361

입찰방해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The "Food Service Electronic Procurement System" bid by the Public Procurement Service and the Gyeonggi-do Office of Education is a structure that can not guarantee the successful bid by providing the lowest bid price for the reasons that there are cases where the lowest bid price is set and where the minimum bid price differs from the bid price of other companies, and the highest bid price is high. The system restricts the bidding of one company in the same bidding price for the same bidding announcement case. Thus, the fair bid process should be ensured if the bidding is conducted in several ways by lending the name of other companies in order to increase the successful bid price or in collusion with the bid price by several companies.

The Defendant is an operator of the “D” (hereinafter referred to as “D”) in Ansan-gu, Mayang-gu, Mayang-gu, 201, and a person who actually operates the “G Company” in the name of the wife F in the Gu E during Ansan-si.

In order to increase the bid price rate in F and the above "Food Procurement System" bidding, the Defendant agreed to make double bidding of the same bidding in the name of the above two enterprises. On September 9, 201, the Defendant participated in the electronic bidding of "Public Notice of Submission of Estimated Data and Goods Purchase (Small Sum)" which was ordered and managed by the Suwon Elementary School at the D Office, etc. on September 9, 201 and offered that D will be awarded a successful bid price of KRW 15,701,00 by raising the bid price rate by double bidding of the above two enterprises. From that time to August 4, 2012, the Defendant participated in the electronic bid by the above method five times in total, as described in attached Table 3, and obtained the bid price of KRW 76,188,100 (the successful bid price of KRW 16,200,000 on February 16, 2012).

Accordingly, the defendant is in collusion with F and thereby a process of "Food Service Electronic Procurement System" bidding in collusion with F.