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(영문) 서울남부지방법원 2017.02.10 2013고정3607

입찰방해

Text

Defendants are innocent.

Reasons

1. The facts charged of this case is a person who operates the “F” of the Agricultural Products Import and Sale Business in the Nam-gu Incheon Metropolitan City, and Defendant B operated the “G” of the Agricultural Products Import and Sale Business in the D-owned building in which the said “F” is located, and Defendant C is a person who operates the “J” of the Agricultural Products Import and Sale Business in the H building I of the Jung-gu Incheon Metropolitan City Jung-gu, and D and B jointly engages in R business, and Defendant C is a person who operates the Agricultural Products Import and Sale Business in the Gyeonggi-gu, Seoul Metropolitan Government N, N,O, and Defendant A is a person who operates the Agricultural Products Import and Sale Business P in the Gangseo-gu, Seoul Metropolitan Government.

A. The Defendants’ joint crime Q’s bid for the public auction of import rights is each year’s bid for the public auction to select goods to be recommended for tariff concessions in QR operations, and is conducted in the first half of the year (in April) and the second half (in October) of the year (in April) with respect to the quantity excluding the quantity directly imported by Q from the R’s domestic market access, the bidding method is a general competition, and the one-person one-time bidding is determined at the time of each public announcement, and the bid price shall be restricted at the time of each public announcement, and the bid price received shall not be transferred.

Nevertheless, the Defendants, in collusion with D on September 9, 2010, mobilized each nominal lending company in order to receive more import rights than 800 tons (800 tons) for one-time bid for participation in the R import rights public auction conducted by Q. The Defendants and D agreed in advance on the bidding price and the bidding price of each nominal lending company to distribute the successful bid price to the Defendants and D, and each nominal lending company paid 50 won per km according to the successful bid price in return for the nominal lending.

The Defendants, as above, shall act in collusion with the Defendants as the son, T, U, V, W, X,Y, Z, AAB, AC, AD, AE, AF, AH, (State), and (State) AH.