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(영문) 대전지방법원 2018.09.05 2018고단1837
입찰방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When an electronic bid for the supply of food materials in the "School Meal Electronic Procurement System (EAT)" by the cyber exchange operated and managed by the Korea Agricultural and Fishery Products Distribution Corporation, it shall not be conducted by lending the name of another company or in duplicate for the same public announcement in the same area.

Nevertheless, the Defendant: (a) mostly conducted through the "School Meal Procurement System (ET)" of the Cyber Exchange of Agricultural and Fishery Products (ET) operated and managed by the Korea Agricultural and Fishery Products Distribution Corporation in Daejeon District; (b) established food supply companies such as family members, etc. on the same bidding case for the purpose of raising the successful bid rate for the supply of food for school meal materials; and (c) took charge of double bidding in the Daejeon-gu, Daejeon-gu, where the Dong was operated by B on February 2, 2014; and (d) “F (mutual change to G)” in the Seo-gu, Seo-gu, Daejeon-gu, where the Dong was operated by the Dong on January 22, 2014, and “F (mutual change to G, 2016)” under the name of H, and administered the same public announcement in the name of each company with a pre-designated bid amount in the name of each company. Even if any company participating in the bidding receives a successful bid, any company participating in the bidding was awarded a bid.

The Defendant, at the office of “D” around March 19, 2014, ordered and managed by the Korea Agricultural and Fishery Products Distribution Corporation (hereinafter “Korea Agricultural and Fishery Products Distribution Corporation”) to submit an estimate for the purchase of a small amount of food materials of J High School meal (F) in the name of “D”. The Defendant instructed F to participate in the bidding in the name of “F”. On March 21, 2014, the Defendant bid overlapping the bid price of KRW 12,087,000 in the name of “D” in the name of “F” and received the bid for the supply contract at KRW 12,087,000 from that time until November 21, 2016, the Defendant was awarded the bid for the total amount of KRW 1,562,185,90 over 218 times, as indicated in the list of crimes attached hereto.

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