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(영문) 부산지방법원 2016.10.28 2016고단3993
입찰방해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is the representative of Section (State) that is a food material manufacturer and supplier for school meal services, and is a person who actually operates food materials after lending the name of the defendant's family member or employee, such as D, E, F, G, H, I, J, etc.

In the event that an electronic bid for the supply of food materials of the "Food and Food Trade Corporation" (hereinafter referred to as the "Corporation"), which is operated and managed by the Korea Agriculture and Food Trade Corporation (hereinafter referred to as the "Corporation"), is not conducted in the name of another company or in the same region in duplicate with regard to the same public announcement. However, the Defendant, after establishing a disguised company under the name of its family members and employees with a view to increasing the number of enterprises participating in the "Electronic Procurement System for School Meals", the Defendant, which is operated and managed by the Korea Agriculture and Food Trade Corporation (hereinafter referred to as the "Corporation"), was not conducted in the same bidding.

On October 22, 2014, the Defendant was awarded the bid amounting to 4,402,00 won in the name of (C) the electronic bidding case, by making a double bidding in the name of M, N,O, P, Q, R, S, etc., that the Defendant borrowed from the name of the Defendant in addition to (State)C in participating in an electronic bidding for food materials (fishery products) from November 2014, which was ordered and managed by the said construction.

In addition, from around that time to December 28, 2015, the Defendant was awarded a contract for the supply of school meal services equivalent to KRW 6,832,03,00 in total over 446 times as indicated in the attached list of crimes.

Accordingly, the Defendant maintained the fairness of the electronic bid for the "School Meal Service Electronic Procurement System (ETA)" managed by the said construction work.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused;

1. Each protocol of examination of a suspect against D, E, F, G, H, I, and J;

1. Four persons, including a medical examination report, a disinfection certificate, a motor vehicle registration certificate, and C;

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