beta
(영문) 광주지방법원 2016.09.30 2016고단1412 (1)

입찰방해등

Text

The punishment against the Defendants shall be 2 years of imprisonment and a fine of 310 million won.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A, from around November 2008, he/she was in office as a general director of the E Housing Redevelopment Association (hereinafter “instant redevelopment association”) and was elected as the president of the partnership on November 7, 2014. Defendant B was in office as a management director of the instant redevelopment association from around November 2008.

As such, the Defendants, as the president of the redevelopment association of this case, general secretary-general or management director of the redevelopment association of this case, were in charge of the fund management, disbursement, and selection of a construction business operator.

1. The representative director G of Defendant A, Defendant B, and F Co., Ltd. (hereinafter referred to as “F”) decided to implement a redevelopment project by making F as a contractor at the office of the above redevelopment association located on the third floor of Gwangju Dong-dong, Gwangju, the third floor around October 2014. To this end, on November 7, 2014, the above redevelopment association held an ordinary general meeting of the redevelopment association and elected Defendant A as the head of the association. On December 2014, the facts of around December 2014, the F intended to select F as a contractor in a way other than F in order to pretend that the bid was a competition, although the F alone participates in the bidding.

Thus, the defendants sent the tender guidelines to F in advance after the public notice for the selection of construction works for the E Housing Redevelopment Project was given on the remaining side of the AD.

In order to prepare for the tender documentation, G calls from the J on the 20th of the same month so that F may be selected as a contractor for the redevelopment project.

A request was made to the effect that it would be different from the intention of public study to participate in the bidding formally, and the J consented to the participation in the bidding as the so-called “Iler”.

Accordingly, on January 16, 2015, the J has the employees of the K Co., Ltd. submit the documents of tender for the construction works of the said redevelopment project without the intention of winning the bid, and to select the construction works on February 12, 2015.