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(영문) 대구지방법원 2018.06.15 2018고정317
입찰방해
Text

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

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

A national comprehensive electronic procurement system (hereinafter referred to as "electronic procurement system") operated and managed by the Public Procurement Service and the Office of Education in B, shall be an electronic bid for the selection of a manufacturer for graduation (hereinafter referred to as "electronic bid").

A. The estimated price is determined by the method of bidding with the price determined by the bidding bidder. Among the prices presented by the bidding bidder within the limit of 【3% of the basic price, 15 preliminary prices are selected based on the system, and among them, the average amount of four preliminary numbers is determined by the electronic bidding note in the country. Accordingly, each company's presentation amount is changed according to the contract price of each company, and the other party to the contract is determined to be the person who has submitted a estimate above 90% of the estimated price as above unless there is any reason to conclude the contract price, the lowest price is determined to be the person who has submitted the lowest price. Thus, it is not possible to guarantee the successful bid. One company under the system restricts the bidding of the same bidding price for the same bidding announcement case. Thus, in participating in the electronic bidding, it would impair the fairness of bidding in cases where multiple biddings are conducted at several prices by lending the name of another company or multiple companies are participating in bidding prices in collusion with the price of each company.

The defendant is a person who operates a DNA photographic book in C.

As the number of companies participating in the electronic bidding increases, the Defendant established a disguised company under the name of his/her family to make double bidding in order to increase the bid price, and registered as a member of the FF company with the Defendant’s spouse E around May 14, 2015, and issued a certificate of official approval necessary for the electronic bidding to the Public Procurement Service, and then made the said nominal owner determine the bid price at the direction of the Defendant and make the bid price after winning the bid.

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