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(영문) 대구지방법원 김천지원 2016.12.28 2016고단1653
입찰방해
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, by imprisonment for one year and six months, and by imprisonment for six months.

(b).

Reasons

Punishment of the crime

【Contract for the Supply of Food Materials related to School Meals” is concluded through an electronic bid in the Food Services Electronic Procurement System (EAT) of the Korea Food and Drug Corporation (EAT), the national forum (G2B), etc. of the Public Procurement Service. To participate in the above electronic bidding, the food sales business report shall be filed with the competent authority along with facilities, vehicles, etc. of certain standards, and the food service business report shall be filed with the competent authority, and shall be registered with the food service Electronic Procurement System (EAT) and the national emblem

Specifically, where the contract price is at least 50 million won and the contract price is at least 20 million won but less than 50 million won, if 【15 reserve price is determined within the limit of 3% of the basic amount disclosed by each publicly notified entity, the average of the four reserve prices selected by the tender participants among the two options shall be determined, and where the lowest price or the lowest bid price (87.745%, 90%, etc, 87.75%, 90%, etc.) is determined as the successful bidder, the successful bidder shall be determined by the so-called “minimum successful bid price system.” Thus, where the same manager holds several companies and publicly announces the same bidding price in the same manner to ensure that bid price does not overlap with the estimated price, the act of bidding by only one company will be distributed on the basis of the specific public notice, and where the remaining companies fail to bid in advance, the act of bid interference with the bidding process in the Electronic Procurement System shall be eliminated from the bidding price or the act of bid interference with the bidding agreement.

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