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(영문) 부산지방법원 2017.02.09 2016고단6918
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 a person who is the representative of the agricultural company (ju)C, a company that supplies school meal materials.

School meal Electronic Procurement System (eT, htp: /eat.co..kr) was developed to enhance the fairness and transparency of the food materials contract process, and limited to only one company in the name of the same City/Do to participate in the bidding.

Accordingly, with a view to raising the successful bid rate for the supply of school meal materials, the Defendant planned to receive bid codes for the e-T system using seven business operators, such as the agricultural company (State), D, etc., by lending the name of the representative of each business entity that became aware of in the relationship of the customer while operating the business of distributing school meal materials for the purpose of raising the successful bid rate for the school meal materials.

On October 24, 2014, after lending the name of each business entity in accordance with the above plan, the F elementary school supplied to F elementary schools at the office of the office of the agricultural company located in Gangseo-gu Busan Metropolitan Government (State) in November 24, 2014, "public notice tender agricultural company (state)" was to be invested in the name of the public notice tender agricultural company (state), and the prior acquired agricultural company (state), G, H, I, J, J, and K agency was to be tendered in the name of the agricultural company (state), 8,19,000 won of the successful bid price in the name of the agricultural company (state), and the process of the school meal tender was to be awarded a successful bid in the name of the agricultural company (state).

In addition, from October 20, 2014 to November 30, 2015, the Defendant conducted an electronic bid bid in a total of 260 times from around October 20, 2014 to around November 30, 2015, and each of the above companies awarded a contract for the supply of school meal services with a total of KRW 5,005,932,826, the Defendant maintained the fairness of “electronic procurement system for school meal services” managed by each school.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the examination of the police officers in relation to L, M, N,O, P, and Q;

1. AR statement;

1. The registration document, such as the G business registration certificate, the registration document including the H business registration certificate, the registration document including the (ju) business registration certificate, and the J business registration certificate.

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