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(영문) 부산지방법원 2016.10.13 2016고단4356
입찰방해
Text

1. Defendant A shall be punished by imprisonment with prison labor for ten months;

However, the above punishment shall be imposed for two years from the date this judgment becomes final.

Reasons

Punishment of the crime

1. Defendant A, while operating the food materials delivery company of school meal services, in order to obtain the food materials supply of the food materials, in order to enhance the probability of the successful bid in the “EAT System”, Defendant A used the name of F and C in the name of F and C operation in addition to E in order to increase the probability of the successful bid, Defendant A used the food materials supply to E in its entirety.

Defendant

A, on October 22, 2014, in the name of E, F, and G in the name of E, E, F, and G, as well as in the name of E, E, E, and G, a bid was awarded by a bid in an electronic bid by lending the name of F and G from November 25, 2015 to 143 times as shown in the attached list of crimes.

Accordingly, the defendant has harmed the fairness of bidding through fraudulent means.

2. Defendant B’s attempt to lend the name of F to A to increase the probability of his successful bid in administering the EAT system by Defendant B to the E, and to allow A to participate in an electronic bid.

Defendant

B, at the above time and place, A borrowed the name of F in order to assist A with the knowledge of the fact that A interferes with the tender by deceptive means, thereby facilitating A’s bidding interference.

3. Defendant C’s attempt to lend the name G to A to increase the probability of winning the successful bid in the EAT system by Defendant C, in order to raise the probability of winning the successful bid.

At the above time and place, the Defendant: (a) borrowed the name of G in order to assist A with knowledge that A may interfere with the tender by deceptive means, thereby facilitating A’s bidding interference.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of the defendant A

1. A crime sight chart, a business registration certificate, and a business report certificate;

1. The application of Acts and subordinate statutes of each investigation report (No. 11,13)

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 315 of the Criminal Act and the choice of imprisonment

B. Defendant B and Defendant C:

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