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(영문) 부산지방법원 2016.07.21 2016고단2962
입찰방해등
Text

A defendant shall be punished by imprisonment for four years.

The number of seized articles 1 through 16, 18 through 27, and 30, respectively, shall be from the accused.

Reasons

Punishment of the crime

1. The Defendant and D, which are an cyber exchange for food materials operated and managed by the Korea Agricultural and Fishery Products Distribution Corporation, established a disguised company using the name of his family members, employees, and customers for the purpose of raising the successful bid rate by participating in an electronic bid for the supply of food materials for school meals (EA), and conspired to make the same bidding in the same bidding case, or to make the same bidding in the name of his customer by lending a certified certificate necessary for the bidding from the Defendant’s customer, or to make the same bidding in the name of his customer, and prepared 23 food ingredients suppliers, such as a company directly operated by the Defendant, an authorized certificate, or a company lending a certificate, or a company that reduces the same bidding at the price designated by the Defendant’s instruction.

In collusion with D on December 29, 2015, the Defendant was awarded the bid price of KRW 2,578,370,00 in the name of F, in the name of F, H, I, J, K, K, M, N, etc., on the following grounds: (a) the Defendant participated in an electronic bid of “G female high school food materials (emergency)” (hereinafter “food materials”) in the aforesaid construction works, which are ordered and managed by the “F office located in Busan District, Busan District, Busan District.”

In collusion with D, etc., from January 2, 2012 to March 18, 2016, the Defendant: (a) concluded a contract to supply school meal services in an amount equivalent to KRW 20,100,927,502 on a total of 3,255 occasions in the name of an enterprise operated or mobilized by the Defendant with respect to the 35,724 electronic bid conducted in Busan and Daegu, etc. from around January 2, 2012 to March 18, 2016; and (b) concluded a contract to supply school meal services in the name of the enterprise operated or mobilized by the Defendant, thereby doing so.

2. On March 29, 2013, in collusion with D, the Defendant shall be subject to disease control for vehicles, etc. used in M in Busan Gangseo-gu, Busan, for delivery, etc. of food materials from the above company.

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