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(영문) 서울중앙지방법원 2016.11.23 2016고단6244
입찰방해
Text

Defendant

A Imprisonment for one year and each of the defendants B shall be punished by imprisonment for eight months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative director of “H” of “H” (hereinafter “H”) established for the purpose of selling all group food materials, such as industrial products, agricultural products, livestock products, and processed food, in G on March 16, 2012, and Defendant B supplies food materials for school meal services in the name of “J” on June 30, 200.

In the case of a bid under the "Food Procurement System" operated and managed by the Public Procurement Service and the Korea Food and Drug Trade Corporation, it is not possible to guarantee the successful bid by providing the lowest bid price for the reasons that the lowest bid price is determined or that the minimum bid price is different from the bid price of other companies, and it is not possible to ensure the successful bid. Since one company under the system is limited to the bidding at several prices for the same tender announcement case, in order to increase the successful bid price in the participation of an electronic bid, it would hinder the fair bid in a case where the bidding is conducted at several prices or several companies participate in the bidding in collusion with the price in order to increase the successful bid price.

The Defendants, as food materials suppliers, K Operators L, M Operators N, OP, Q operators P, Q operators R, S Co., Ltd. operators, UBS operators, AAB, AC operators AD, AE and AF operators, AE and AF operators, AG, AH and AI operators, AK operators AP, AM operators, AM operators, AM operators, AP, AP, AP, AP, AW operators, AP, AP operators, AP, AP operators, BB, BC and D operators, BF operators, BG operators, BG, BG operators, BG, BG, BG, BH and BP, and BP in the course of tendering, and BP suppliers and BP (hereinafter referred to as “the Defendants”).

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