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(영문) 대전지방법원 2018.07.05 2018고단1563
입찰방해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On January 11, 2017, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as "the prime sentence") at the Daejeon District Court, and the said judgment became final and conclusive on January 19, 2017.

【The Defendant is the representative of B (a company specializing in food supplies in school meal materials established on January 2, 2003). C is the representative of D Co., Ltd. (a company specializing in food supplies in school meal materials established on January 3, 2012). E is the representative of EF (a company specializing in food supplies in school meal materials established on July 31, 2014). The Defendant actually operated all of the above companies.

The Defendant, along with E and C, recruited to supply all the food materials in B even if he/she receives a successful bid in a certain company, using the fact that the bid price rate is higher as the number of the formal companies participating in the tender is to be reflected in the bid. The Defendant offered to increase the successful bid rate by double bidding in the name of the above companies actually operated by the Defendant in the bidding process.

【The Defendant was awarded a bid price of KRW 5,860,542,070 for 616 times in total, as described in the attached list of crimes from around the following point of time until June 23, 2016, in participating in an electronic bid for the “purchase of school meal ingredients (free fishery products) for 6 months at Daejeon High School G,” which was ordered by the Korea Agricultural and Fisheries Food Distribution Corporation (Seoul High School) on May 22, 2013. The Defendant was awarded a bid price of KRW 5,860,542,070 for 616 times as described in the attached list of crimes.

Accordingly, in collusion with C and E, the Defendant would be deprived of the normal opportunity for winning a contract from a bona fide meal service provider, such as receiving a successful bid by means of double bidding only with the bid amount of “B”, “D”, and “F” in the same school meal service tendering procedure.

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