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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 this judgment became final and conclusive.
Reasons
Criminal facts
In the case of school meal service tendering, electronic tendering such as school meal procurement system (EAT) managed by the Korea Agriculture and Food Trade Corporation or national housing (G2B) managed by the Public Procurement Service is being conducted through electronic tendering, and the bidding price is generated by 15 multiple preliminary prices (in the public notice of prices) within the limit of 3% based on the basic amount (in the public notice of prices) and two of them are selected by the participating companies, the estimated price is generated based on the average of the four preliminary prices selected by the participating companies and the enterprise that submitted the price close to the estimated price is being awarded.
The Defendant, as the representative director of C, a company specializing in food service materials, is a company that is a company that is specialized in food service, and the bid price ratio is higher as the school meal service supplies are made in the same structure, and if there are many same companies participating in the electronic bidding, the Defendant bid in several names of the companies whose bid price ratio is lower, and the supply of the food materials is to be supplied by C.
Accordingly, the defendant, who worked in C, separated only from the office in the building C in Changwon-si, Changwon-si E, established F as the same kind of company, established H Co., Ltd., and established L and M under the name of J in the name of K in Changpo-gu, Changpo-si, Changpo-si, and thereafter established N Co., Ltd. under the name of K in the name of K in the name of K, and provided that if the above company participated in the school meal tender and is awarded a successful bid among the above companies, the defendant would supply food goods to C.
(D) The Defendant’s position is the Defendant’s O’s wife P, G is the Defendant’s wife P, the J is the Defendant’s wife R and south M, and M is the husband of G’s dynamic S. Accordingly, around May 20, 201, the Defendant is the same in participating in the “T electronic bid” ordered by the national territory of the Public Procurement Service.