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(영문) 대구지방법원 2018.05.24 2018고정333
입찰방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

A national comprehensive electronic procurement system (hereinafter “electronic tendering system”) operated and managed by the Public Procurement Service and the Daegu Office of Education. An electronic tendering system for the selection of a manufacturer (hereinafter “electronic tendering system”) is established by determining the amount of the bidder. The estimated price is based on the system’s basic price, 【15 preliminary prices are selected from among the prices presented by the bidders within the range of 【3%, and among them, the average price of four preliminary numbers selected under the special note for the electronic tendering system in the country’s country is determined by the presentation amount of each company. As the other party to the contract is determined as a person who submitted a estimate of at least 90% of the estimated price as above, it is determined as a person who submitted the lowest price, and thus, it is not possible to guarantee the successful bidding by limiting the participation of several different bidders in bidding at several prices in bidding or enhancing the successful bidding price. Thus, one system is merely a person who submitted a estimate of at least 90% of the estimated price as above.

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

As the number of companies participating in the electronic bidding increases, the Defendant established a disguised company under the name of his/her family to make double bidding in order to increase the successful bid rate, and registered as its member to the Public Procurement Service by establishing “E” as the representative of the Defendant’s spouse D on June 3, 2016, and issued an official certificate necessary for the electronic bidding, and then made the nominal owner to make a bid in accordance with the instructions of the Defendant, and then won a successful bid.

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