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A defendant shall be punished by imprisonment for one year.
However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
(b) the defendant;
Reasons
Punishment of the crime
From May 3, 2013 to May 31, 2016, the Defendant was the representative of the “D” located in Jinju City from May 3, 2013, and was in fact operating “G” and “J” in the name of the Defendant’s father F in J at J around Jinju, on August 21, 2014, and around December 29, 2015.
When a school meal service of "School Meal Electronic Procurement System (EAT)", which is operated and managed by the Korea Agricultural and Fisheries Food Distribution Corporation, participates in an electronic bid for the supply of food materials, the school meal service supplier shall not lend the name of another company or conduct a bid for the same public announcement in the same area.
Nevertheless, the Defendant had the intent to instruct D’s accounting K, G’s accountingF, and J’s accounting I to reflect the amount prior to the Defendant’s designation on the tender of “EAT” in the name of D, G, and J operated by the Defendant.
From January 7, 2015 to July 17, 2017, the Defendant was awarded a contract to supply school meals worth KRW 2,309,017,80 in total on a total of 263 occasions from January 7, 2015 to July 17, 2017 in the following manner: “Public announcement of the electronic submission of the number of small amounts of the purchase of meat at school (EAT)” in January -2, 2015; and the Defendant was awarded a contract to supply school meals worth KRW 2,745,500 in the name of the Defendant’s management D and G by means of ordering the said K and F to cover the amount designated by the Defendant, respectively.
As a result, the Defendant maintained the fairness of electronic bid for the "School Meal Electronic Procurement System (EAT)" managed by the Korea Agricultural and Fisheries Food Distribution Corporation.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. The police statements made to M, N,O, and F 1.