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Defendant
A, B, C, and E shall be punished by imprisonment with prison labor for six months, and by imprisonment with prison labor for ten months.
except that from the date of this judgment.
Reasons
Criminal facts
The "Food Service Electronic Procurement System" bid by the Public Procurement Service and the Office of Education of Gyeonggi-do is a structure that can not be guaranteed the successful bid by providing that the lowest bid price is determined, or that the minimum bid price is different from the bid price of other companies, and it is not possible to ensure the successful bid by conducting the highest bid. The limitation of one company in the system to participate in the same tender announcement at several prices. As such, in participating in the electronic bid, the fairness of the bid will be ensured where the bid is to be invested at several prices by lending the name of other companies in order to increase the successful bid price or where several companies participate in the bid in collusion with the price.
1. Defendant A is the representative of the Agricultural Product Distribution Enterprise in the Republic of Korea J and 102, and the Defendant’s husband as the representative of the Agricultural Product Distribution Enterprise in the same place as K, and the “K” and “M” are businesses actually operated by the Defendant’s husband and wife.
In order to increase the successful bid rate in the Electronic Procurement System for School Meal Services by establishing and operating a place of business as seen above, the Defendant conspireds to make double bids with the company that can be supplied for each item publicly notified according to the details of the public tender notice, and registered with the Public Procurement Service as a member of the food materials supplier company for school meal services, and obtained an authorized certificate with the fingerprints registered
Accordingly, the Defendant, along with L on January 17, 2010, participated in the electronic bidding according to the procedure such as recognition of the bidder’s fingerprints and obtaining certification by using an authorized certificate, in the foregoing “M” office in Seongbuk-gu, YJ, Sungnam-si, 2010, and in the electronic bidding notice as to “purchase of school meal goods (agricultural and industrial products) during the first semester 2010.”