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(영문) 부산지방법원 2013.10.29 2013고단3515
전자서명법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who operates a corporation E (hereinafter referred to as “E”) which is an agricultural product importer or seller in Busan Office No. 2001-1.

The Defendant, as part of the Korea Agriculture and Food Trade Corporation (Gu Agricultural and Fishery Corporation; hereinafter “Distribution Corporation”), has to participate in the bidding in purchasing foreign capital on China, etc. as part of the agricultural products stockpile project. A person who intends to participate in the bidding shall register an authorized certificate issued by the licensed certification authority under the Digital Signature Act with the electronic bid system, and a domestic supplier who has entered into a contract with a foreign local supplier shall participate in the bidding, and the same purchase number shall be limited to only one participant, and the same representative shall not be allowed to participate in the bidding in duplicate with two or more corporations and individual business operators, etc., and even though there are restrictions on the quantity by the Defendant’s participation in the bidding during the bidding restriction period, even if the E operated by the Defendant is unable to participate in or is entitled to participate in the bidding due to the absence of participation in the bid, the Defendant was willing to participate in the bidding by participating in the bidding by several different bidding enterprises

1. No person who violates the Digital Signature Act shall receive the transfer or lease of an authorized certificate from another person for the purpose of exercising it;

Nevertheless, as the Defendant’s bid restriction was made by E operated by the Defendant, the Defendant borrowed an authorized certificate issued by G from F’s representative G around February 23, 2009 from F’s office around February 23, 2009 for the purpose of participating in the bidding for the import of reserved agricultural products conducted by the said Distribution Corporation, as shown in the attached list of crimes (1) from around that time to April 201.

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