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(영문) 춘천지방법원 2013.11.26 2013고단501
입찰방해
Text

The defendant is not guilty. The summary of the above judgment shall be publicly notified.

Reasons

1. The summary of the facts charged is that the Defendant is a person running the wholesale and retail business “C” and “D”, such as safety supplies.

On September 2, 2012, around 18:07, the Defendant, at the Defendant’s house of 13 104, the E building 13 and 104, participated in the bidding in the name of the 27 product supply company designated by the F Unit C, such as ABC fire extinguishing agents ordered by the F Unit, and, in the case of a single bidding, entered the bid price in the H name operated in the name of the Defendant’s spouse by means of a computer on September 25, 2012, around 07:24, the Defendant followed the process of selecting the said supplier by a deceptive scheme, by entering the bid price in the name of H that is actually operated by the Defendant’s spouse under the name of the Defendant’s spouse, and by complying with the d owner’s fingerprint recognition.

2. The Defendant’s defense counsel asserts that, as a separate business entity, C and D who participated in the tendering procedure for the suppliers ordered by the F Unit, participated in the tendering procedure on the basis of the basic price stated in the tender notice, respectively, and failed to receive a successful bid on the ground that the bid exceeds the pre-sale price. The Defendant did not engage in collusion, even if not, it cannot be deemed that C and D interfered with the fairness of the tendering procedure because they failed to receive a successful bid at the price invested by both C and D.

3. Fact-finding and judgment

A. According to the records of this case, the following facts are recognized.

(1) The Defendant is a business operator of C in Gangwon-si, Gangwon-si, and the Defendant’s spouse G is a business operator of D located in the Gyeonggi-si, Seocheon-si.

(2) On September 13, 2012, F Unit published a notice of tender for items 27, ABC fire extinguishing agents, etc. on September 13, 2012; however, the first bidding date that was enforced on September 19, 2012, which was failed to comply with; on September 25, 2012, C, on the retender date that was undertaken on September 25, 2012; on September 22, 2012; and D, on September 25, 2012, respectively, on the basis of the bid price.

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