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(영문) 서울북부지방법원 2017.05.11 2017고정49

입찰방해

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 1, 2015, the Defendant, as a director of the management office of the apartment complex in Yangju-si, received the e-mail from D prior to the public notice of bidding for the selection of the above apartment complex disinfection service company, and issued the said e-mail notice to the management office of the said apartment complex, and decided it to the management office of the said company. On June 9, 2015, the Defendant, as the notice of bidding sent by the said D by e-mail, made a public notice of bidding favorable to the said management office of the said company. On June 22, 2015, the Defendant conducted a bidding for three participating companies, including two participating companies that had been consulted with the said D, and selected the representative office of the management office of the said company as an eligible business entity.

Accordingly, the defendant, through fraudulent means, has conducted a fair bid for the selection of the above apartment disinfection service company.

Summary of Evidence

1. A protocol concerning the examination of suspects of D;

1. Investigation report (Attachment of e-mail data related to correspondence), e-mail data;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to apartment bidding data);

1. Relevant Article of the relevant Act on criminal facts and Article 315 of the Criminal Act regarding the selection of punishment [The reflection of the grounds for restrictions on participation in tendering prepared by the defendant in favor of the specific business entity in the public notice of bidding is an act detrimental to lawful and fair competition methods, and dolusent intent is also recognized];

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;