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(영문) 부산지방법원 2016.08.24 2016고단2868
입찰방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In order to enhance the probability of the successful bid in relation to the "EAT System (Electronic Procurement System for School Meal Services)", it was intended to operate the Do from "D" in his/her business chain in order to conduct an electronic bid in a number of names and supply services for the bid at the time of successful bid.

After the Defendant formally establishes a food service seller in the name of E and F, who is an employee of the “D” that he/she operates, he/she reflected in the bidding notice of the “EAT System” (EAT System for the Supply of School Meals).

On October 21, 2014, at the office of “D” located in Busan Metropolitan Transportation Daegu G, the tender of “H”, as well as “D,” the tender of “EAT system (school meal electronic procurement system)” and “J”, which was publicly announced as the tender of “H”, was awarded a bid in the same way as “EAT system (school meal electronic procurement system)” and was awarded a bid on 101 occasions.

The defendant, through this deceptive scheme, has adopted the process of tendering "EAT System (EM for School Meal Service Electronic Procurement System)".

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the police against E or F;

1. Requesting cooperation in investigation;

1. Application of Acts and subordinate statutes to investigation reports (in cases of attaching business reports, etc.), investigation reports (in cases of on-site inspections and photographs);

1. Article 315 of the Criminal Act applicable to the facts constituting an offense and Article 315 of the choice of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case with the reason for sentencing Article 62-2 of the Social Service Order Criminal Act was committed by the Defendant from October 2014 to November 2015, 101, thereby obstructing the tender of the School Meal Electronic Procurement System through a deceptive scheme as above. It is not only at the risk of undermining the quality of school meals supplied by students by distorted the unit price of school meal materials or causing sanitary problems due to inadequate disease control, but also at the same time participating in the tender.

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