Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The "Food Service Electronic Procurement System" bid of the head of the Public Procurement Service and the Office of Education of Incheon Metropolitan City is not a structure that can guarantee the successful bid by providing the lowest bid price for the reasons that there are cases where the successful bid price is determined, and the minimum bid price is different from the bid price of other companies, but it is not a structure that can ensure the successful bid by providing the lowest bid price for the case where a system-based one company participates in the same tender announcement. As such, in participating in the above electronic bid, the fair bid process should be ensured in the event that a bid is conducted at several prices by lending the name of other companies in order to increase the successful bid price or multiple companies participate in the bidding by collusion with the price.

The Defendant is the representative of “D Company” and is a person who actually operates “F” in the name of “E,” and had each of the above companies registered with the Public Procurement Service as a food material supplier in order to increase the bid price rate in the Electronic Procurement System for School Meal Services, and had the Defendant appear to increase the bid price rate of the Defendant’s business operated by using different amounts in the electronic bid of the School Meal Service Electronic Procurement System.

On November 16, 2012, the Defendant, at the D Company’s office located in Bupyeong-gu Incheon Metropolitan City, participated in the electronic bid “Public Notice for the Purchase of Meal Goods at H Schools 2012 and 12 or 2,” which was ordered and managed by H Schools, maintained the fairness of the “Electronic Procurement System for School Meals” by obtaining a contract for the supply of meal goods in total of 17,258,50 won, from that time until December 17, 2012, by being awarded a contract for the supply of goods that amount to 4,959,200 won under the name of the D Company, by increasing the successful bid rate in a different way by using the bid price with an authorized certificate of each of the above companies.