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(영문) 대전지방법원 2018.08.22 2018고단1448
입찰방해
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Where an electronic bid for the supply of food materials in the School Meal Electronic Procurement System (EAT) which is operated and managed by the Korea Agricultural and Fishery Products Distribution Corporation, no bid shall be conducted by lending the name of any other company, or the same public announcement shall be conducted in duplicate in the same area.

Nevertheless, from May 1, 2008, the Defendant established a “C” company in Seo-gu, Daejeon from around May 1, 2008 to “B” and operated the “school meal service meat supply business”. While having caused many food materials suppliers participating in the “school meal service electronic bidding”, it was relatively difficult to receive the successful bid. For the purpose of raising the successful bid rate, the Defendant: (a) opened a food materials delivery company using the same name that operated delivery, etc. in the above Section C; (b) opened a food materials delivery company in the same public announcement; (c) established the “F” in the Jung-gu, Daejeon; (d) opened the “F” in the name of D around October 4, 2012 in the same public announcement in the name of each company with the pre-designated bid amount; and (d) opened a joint bid to pay benefits to D, such as administrative affairs, such as contracts, cutting off, packing, processing, and delivery; and (e) agreed to jointly pay D benefits.

On May 21, 2013, the Defendant participated in the name of “F” in the bid price designated in advance by the Korea Agricultural and Fishery Products Distribution Corporation. On the other hand, the Defendant’s wife was awarded a bid of KRW 2,372,730,200 in total over 370 times from that time until November 25, 2016, including the bid price of KRW 2,275,00 in the name of “F” as the bid price designated in advance according to the Defendant’s instruction and the bid price of KRW 2,275,00 in the name of “C”.

Accordingly, the defendant in collusion with D is a deceptive scheme.

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