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(영문) 청주지방법원 충주지원 2018.04.13 2018고단71
입찰방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

From October 18, 2010, the Defendant is a person running “C” in the voice group B from around October 18, 2010, and D is a representative of “F” in the voice group E in the Defendant’s wife.

1. In the event that an electronic bid related to the supply of food materials is offered in the “EAT System” operated and managed by the Korea Agricultural and Fisheries Food Distribution Corporation and in the “State-place” operated and managed by the Public Procurement Service, the bidding interference shall not be conducted by lending the name of another company for the first notice.

Nevertheless, as the number of participating companies in the school meal electronic bidding increases, the defendant and the above D established a business entity with the trade name of the above "F" in the name of D around June 5, 2014 to raise the successful bid rate for the supply of school meal materials, and registered the business. The above "EAT System and the head of the country" registered as a food materials supplier of school meal materials operated separately from the "C" operated by the defendant as if it were its members.

Accordingly, in collusion with D, on October 14, 2015, the Defendant participated in the electronic bidding of “G” (hereinafter “F”) ordered and managed by the Korea Agricultural and Fishery Products Distribution Corporation (hereinafter “Korea Agricultural and Fishery Products Distribution Corporation”), and as if C and F are separately operated in the name of C and F, the Defendant was awarded the bid price of KRW 23,607,00 in the name of F by raising the successful bid rate in the manner of double bidding in the name of C and F. From September 15, 2014 to September 24, 2016, the Defendant interfered with the fairness of the electronic bidding for school electronic procurement by participating in the same electronic bidding in the name of C and F and the same electronic bidding announcement in the name of “the head of the country” managed by the Korea Agricultural and Fishery Products Distribution Corporation (hereinafter “F”).

2. Any person who violates the Act on the Protection of Electronic Documents shall transfer to another person's authorized certificate for the purpose of exercise; or

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