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(영문) 창원지방법원 2017.01.12 2016고단3140
입찰방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who actually operates D, which is a specialized supplier of school meal services, registered in his/her own name C.

In the event of an electronic bid for the supply of food materials "School Meal Electronic Procurement System", operated and managed by the Korea Agricultural and Fishery Food Distribution Corporation, the bidding process shall not be undermined by lending the name of another company, such as a bid or a duplicate bid for the same public announcement.

Nevertheless, as the number of participating companies in school meal electronic tendering has increased rapidly, the Defendant established “G” in the name of G in the name of Kimhae-si on February 21, 2012 for the purpose of raising the successful bid rate for school meal electronic tendering, and registered “K” in the name of H in the same address as D on May 8, 2015, “K” in the name of J as of April 6, 2015, “K” in the name of J as of April 28, 2015, and “N” in the name of Kimhae-si L Building and B102 in the name of each disguised company on April 28, 2015.

On March 20, 2012, at around 22:49, the Defendant participated in the electronic bidding of “(P) school meal goods (agricultural products and meat) for April 2012” of the said distribution corporation, the Defendant interfered with the fairness of the electronic bid of the “school meal Electronic Procurement System”, which is managed by the said distribution corporation at least 517 times as indicated in the attached list of crimes, by raising the successful bid rate in the same public announcement by using the official certificate of each company in the same public announcement.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to F, H, J, Q, and R;

1. Copy of each police statement made to S;

1. A report on investigation, a report on the commencement of internal investigation, and a report on internal investigation;

1. Requests for assistance in each investigation, replies to requests for assistance in each investigation;

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