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(영문) 대구지방법원 2018.05.24 2018고정323
입찰방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A national comprehensive electronic procurement system (hereinafter “electronic tendering system”) operated and managed by the Public Procurement Service and the Daegu Office of Education. An electronic tendering system for the selection of a manufacturer (hereinafter “electronic tendering system”) is established by determining the amount of the bidder. The estimated price is based on the system’s basic price, 【15 preliminary prices are selected from among the prices presented by the bidders within the range of 【3%, and among them, the average price of four preliminary numbers selected under the special note for the electronic tendering system in the country’s country is determined by the presentation amount of each company. As the other party to the contract is determined as a person who submitted a estimate of at least 90% of the estimated price as above, it is determined as a person who submitted the lowest price, and thus, it is not possible to guarantee the successful bidding by limiting the participation of several different bidders in bidding at several prices in bidding or enhancing the successful bidding price. Thus, one system is merely a person who submitted a estimate of at least 90% of the estimated price as above.

The defendant is a person who operates an "E photographor" in the name of a mother-friendly D in 101, 214, Daegu Dong-gu Seoul apartment commercial building.

As the number of companies participating in the electronic bidding increases, the Defendant established a disguised company under the name of his family to make double bidding in order to increase the bid price rate, and (1) around June 25, 2014, the Defendant established “F” as the same company in the name of the Defendant, and (2) around June 9, 2016, “H” as the representative of the Defendant’s father, and registered as the member of the Defendant with the Public Procurement Service, and received a certificate of official approval necessary for each electronic bid.

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