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(영문) 대구지방법원 2017.08.09 2016고단6534
입찰방해
Text

Defendants are not guilty.

Reasons

1. The criminal facts of Defendant A are the trade name of “AFH” in Daegu-gu, Daegu-gu, the name of the disguised company “I”, and Defendant B reported the food sales business of meal facilities in the Daegu-gu, Daegu-gu, the name of the disguised company “I,” and the supply of food materials to public institutions, such as schools in Daegu-gu and Chungcheongnam-do, the government procurement agency’s “G2B system (G2B)” and the Korea Food and Drug Distribution Corporation’s “ET System for School Meal (ET)” publicly notified by each agency through the group meal service purchase contract, and the supply of agricultural products by winning the bid. The Defendants conspired with each other to increase the number of competitive enterprises participating in the group meal service contract, such as schools, and thereby raising the probability of winning the bid price due to the increase in the number of competitive enterprises participating in the group meal service of schools, etc., the Defendant B, who was in office of “A”, was to be a competitor, and thereby, was to manage and operate the electronic bidding, thereby raising the bid rate.

Therefore, Defendant A participated in the electronic bid (G2B) of the country where the funding agency (G2B) for the joint purchase of agricultural and fishery products for school meal services at the J elementary school on June 22, 2015 at a non-permanent site, which was publicly announced by the J elementary school on July 2, 2015, the Defendant submitted a bid at KRW 1,22,900,000 in the name of the “ARH” on the same day, and simultaneously submitted a bid at KRW 1,219,00 in the name of the Plaintiff, which was founded by Defendant B as the representative director, in the same manner as a bid at KRW 09:02 in the name of the same day; from that time, from July 19, 2016, Defendant A received a total of KRW 379,900,000 in the public notice of tender by the 688 institution tender at the same time.

As a result, the Defendants conspired to establish a disguised company and simultaneously participate in a school meal electronic bid, thereby doing so.

2. As shown in the facts charged, it is admissible as evidence.

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