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(영문) 대전지방법원 2014.02.05 2013고합470
건설산업기본법위반등
Text

Defendant

A and D shall be punished by imprisonment of 8 months, by imprisonment of 10 months, by imprisonment of 10 months, by imprisonment of 1 year, and by the defendant corporation.

Reasons

Punishment of the crime

1. The Public Procurement Service for Basic Fact-Findings a bid for construction project, the estimated price of which is not less than 30 billion won, shall examine the adequacy of tender amounts by type of work from the person who submitted the P, and select a person whose number of improper types of work is less than 20% of the total number of units of work as the first stage examiner, and then again the Review Committee evaluates detailed types of work for improper types of work from the first stage examiner in order from the P bidder to the final successful bidder, and then shall select a person whose evaluation

On the other hand, the Public Procurement Service concluded a service contract with Q Co., Ltd. (hereinafter “ Q”) from January 2004 to promote the “R Computer Program Development Project”. On April 2004, it developed a “S program” as one of the computer programs. From that time, Q et al. entered into a service contract with a related company for improvement of “S program” and operation of the “S program”. From January 1, 2007 to December 28, 2012, it entered into a service contract for improvement and operation of “S program” with T Co., Ltd. (hereinafter “T”).

The bidders of the Psuccessful Tendering System shall connect the tender files in which the bid price, etc. for each type of work are written to the national master electronic procurement system of the procuring office, and shall be stored, and the bid documents shall be encrypted and stored, and the general manager of the facility of the procuring office and the bid execution officer shall connect the national master and open the tender to the national master. In this case, the encrypted tender documents shall be stored in the NAS.

The bid execution officer shall download the tender files stored in the network server and store them on a separate office computer within the office, connect the “S program” to the “S program,” and download the tender files to the P review database (D/B) and request the examination to U.S.

U and the person in charge of examination shall conduct an examination of the registered tender by accessing the “S program” and then by type of each tender.

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