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(영문) 대구지방법원 2018.06.08 2018고정325
입찰방해
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A national comprehensive electronic procurement system (hereinafter referred to as the "electronic bid") operated and managed by the Public Procurement Service and the Daegu Office of Education through the National Integrated Electronic Procurement System (KONPS).

A. The price is determined by the method of bidding by determining the amount by which the bidder is to pay. The price is determined by the average of the 15 preliminary price among the prices presented by the bidder within the limit of 【3% of the basic price in the system, and the 4 preliminary number price selected by the electronic bidding note in the country among them is determined by the average amount of the tender price of each company. As the other party to the contract is determined to be the person who has submitted a estimate above 90% of the total price determined as above, the lowest price is determined to be the person who has submitted the lowest price unless there is any reason for the contract failure. Thus, the lowest price bid cannot be guaranteed. One company under the system restricts the bidding of the same bidding price at several prices in order to increase the bid price in the participation of the electronic bidding. Thus, in the participation of the bid, it would impair the fairness of bidding in cases where several companies make a bid at several prices by lending the name of another company or by collusion the bid price in several prices.

The defendant is a person who operates a photographer with the trade name "D" in Daegu-gu C.

As the number of companies participating in the electronic bidding increases, the Defendant established a disguised company under the name of his family to make double bidding in order to increase the successful bid rate, and (1) established the “F” as the representative of the Defendant’s wife E around April 6, 2015, (2) “H” as the representative of the Defendant’s wife around May 4, 2015, (3) “J” as the representative of the Defendant’s wife around April 29, 2016, and registered as the member of each procuring agency as the Defendant’s husband’s husband’s wife.

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