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Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The "Food Service Electronic Procurement System" bid by the Public Procurement Service and the Office of Education of Gyeonggi-do has determined the successful bid price, and there is a difference between the minimum bid price and the bid price of other companies, and thus, it is not possible to guarantee the successful bid price by conducting the lowest bid. Since one company on the system restricts the bidding of the same tender price at several prices for the same public announcement of tender, the participation in the above electronic bid will hinder the fair bid in case where several biddings are conducted at several prices in order to increase the successful bid price or several companies participate in the bidding in collusion with the price.
1. Defendant A, D, and E’s co-principal behavior is a person who actually operates “(State)G” and “I” located in “I” in “Guri-si” in “Guri-si, and D is a person who operates “K” in “Guri-si,” and “I” as a representative in the name of the Defendant’s wife and the above “I”. The Defendant, D, and E borrowed the name of the Defendant from the name of D and E to the Public Procurement Service, and then registered the above businesses as food materials supply companies in the “Food Electronic Procurement System,” and then came to increase the bid price ratio of the Defendant’s business operated by using them as different amounts to the electronic bid of the “Food Electronic Procurement System.”
In collusion with D and E on April 22, 201, the Defendant participated in the electronic tendering procedure “public notice of a bid for the number of primary meal supplies (agricultural products) for a semester at L High School” which is ordered and managed by L High School at a place non-place where D and E, and thereafter, the Defendant was awarded a bid price of KRW 17,342,00 in the name of I by raising the bid price by using the pre-authorized certificate of each of the above companies that the Defendant obtained in advance from D and in a different way of overlapping the bid price for each of the above companies.