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(영문) 수원지방법원 2017.04.18 2016고단8400
입찰방해
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the representative director of E, a corporation for cleaning and disease control of the third floor of the building in Songpa-gu Seoul Metropolitan Government.

On June 2015, the Defendant received a request from G, a cleaning service company’s bid price higher than that of G’s bid price, which is ordered by the office of management of H apartment in Bupyeong-gu, Nowon-gu, Nowon-gu, Seoul, Seoul, and accepted the request from G to allow G to participate in the bid and receive the successful bid.

Accordingly, on June 8, 2015, the Defendant: (a) had an employee of the Defendant Company submit a tender at the apartment management office at KRW 111,910,00,00, higher than the bid price offered by G; (b) the Defendant submitted a bid at a bid price than G at a higher than that of G upon the said G’s request to the same effect; and (c) the Defendant participated in the said bid on June 8, 2015, and was awarded a successful bid by G in the said bid.

Accordingly, the defendant, in collusion with F and I, has harmed the fairness of bidding through fraudulent means, and from around that time to December 28, 2015, the defendant was engaged in the fairness of bidding through fraudulent means more than seven times in total, such as the list of crimes in attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect by the prosecution against I or K;

1. Inquiry into details of the results of opening tenders from the private sector and making requests for cooperation in bidding;

1. Detailed evaluation table of the eligible examination system to be selected as a cleaning service provider, tender (E), and e-mail requesting cooperation in participating in successful bidding (G);

1. A detailed evaluation table for the examination and submission of documents by participating companies, the representative meeting of occupants and the selection of cleaning service companies;

1. e-mail (G), the current status of public announcement of the selection of cleaning service providers (L apartment), tenders (E);

1. Public announcement of bidding of cleaning service companies, the current status of successful bidding, receipt of tender documents, and a list of examination of documents of cleaning service companies;

1. A report on the current status of registration of bidding of cleaning service providers;

1. Application of the tender list (M apartment), tender documentation (E) legislation;

1. Relevant Article 315 of the Criminal Act and Articles 315 and 30 of the Criminal Act concerning the crime and the selection of fines.

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