beta
(영문) 대전지방법원 서산지원 2014.11.20 2014고단750

입찰방해

Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 1,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is the representative director of K and the representative of K registered in the place of business in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do. The defendant B is the person who is registered as the representative of M registered in the place of business in Chungcheongnam-gun, Chungcheongnam-do.

In spite of the fact that anyone participating in a tendering procedure cannot prejudice the fairness of the tendering procedure by deceptive means, force, or other means, the Defendants conspired at the Nmedical Center and the O Medical Center to obtain a successful bid in the name of K, which is the representative of Defendant A, by responding to the bid price higher than the bid price of Defendant A as notified by Defendant A in the name of Defendant A, with the knowledge that two or more companies in the region participated in the purchase of the funeral goods ordered through a regional limited total bid through the Public Procurement Service and bid at the lowest price below the estimated price is awarded. In fact, K and M are equipped with physical facilities such as holding a store at the place of business, but they do not operate funeral goods.

1. On March 16, 2010, the Nmedical Center published a public notice of the total amount of local limited tendering through the Public Procurement Service to purchase class 75 of the necessary funeral supplies at the N Medical Center Funeral Service (P).

Accordingly, on March 25, 2010, the Defendants attended the site site conference held in the Nmedical Center, present preparation documents, and submitted them. On March 25, 2010, Defendant B reflected in KRW 226,237,60, which is the amount notified by Defendant A, and Defendant A reflected in KRW 224,765,90, which was ultimately reflected in the lowest price below the estimated price, and Defendant A who was the representative of Defendant A was awarded a successful bid.

In addition, with respect to the purchase cases of funeral goods ordered by N Medical Center four times in total, including around March 25, 2010, around March 30, 2011, around March 28, 2012, around March 28, 2012, and around March 24, 2013, Defendant B was administered by Defendant A.