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(영문) 서울서부지방법원 2012.12.20 2012고정1465
입찰방해
Text

Defendant

A and B shall be punished by each fine of KRW 5,000,000.

Defendant

A and B do not pay the above fines.

Reasons

Punishment of the crime

F is the representative director of G, and the actual operator of H, the same type of business as the representative director of H, the company that manufactures and sells the vegetation, and in relation to the food soft supply bid (hereinafter “instant food soft supply bid”) which is a government-funded material of the construction work in the Yeongsan-gu Seoul Metropolitan Government 7 Section G, which is ordered by the Gwangju Metropolitan City Office (hereinafter “instant food soft supply bid”), the F had the intention to maximize profits by collusion with the participating companies at the first bidding at a lower price than dumping.

F was proposed to be the highest discount rate compared to the contract price of the food sheet contract by directly communicating, or contact with the defendant K, L representative director A, M representative director N, P representative Director B, defendant Q, which is anticipated to participate in the second bidding through I well aware of the food and life style company in Gwangju Metropolitan City, and the remaining companies were gathered by proposing that G can be awarded a successful bid in a manner that is lower than the above G, and that the remaining companies agreed to pay a certain amount of price to the remaining Defendants, and obtained consent by promising them to pay a certain amount of price.

F around December 28, 2010, at the instant food supply tender ordered by the Seoul Metropolitan City Administration, the F reflected the amount of 92.157% (2,856,000,000 won) to the highest reduction rate compared to the contract price (2,856,00,000 won) registered in advance in the “Nabu General Shopping mall” of the Public Procurement Service by the Plaintiff, and the Defendants, according to the above mother, reflected the amount of the contract price reduction rate for each company below G as described in the investment rate table for each company, or gave up the expected bid, thereby interfering with the fair bid by the victims of Gwangju Metropolitan City.

Accordingly, the Defendants conspired with F and thereby interfered with the fair bidding of the victim Gwangju Metropolitan City Office by deceptive means.

2.2.2

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