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(영문) 창원지방법원 통영지원 2013.12.04 2013고단561

업무상배임등

Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of 4,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. In order to select a production company that will supply uniforms from Oct. 1, 2013 to Sept. 30, 2015, the Defendants publicly announced a general competitive bidding on the contract of the supply company of uniforms to E website, Gyeongnam-do Office, etc.

From April 1, 2013 to obtain the successful bid by Defendant B, who is an existing supplier, the Defendants: (a) sent the tender documents, including marks, marks, etc., by facsimile to the F; (b) around April 17, 2013, the Defendants opened the tender documents of the E Company H 1, J, and (c) at the H6th floor; (c) recorded the bid documents of each tendering company; and (d) sent them to Defendant B; (b) around 19:00 on the same day, Defendant B conspired with the above Defendants at the F Office to reduce the bid amount of I, as seen above, to change the tender price of the E’s first workplace to the H6th floor; and (b) obtained the aforementioned revised tender documents from the E Company 1, 2013, and (c) obtained the aforementioned order from the EF Office to the above Defendants 1, 2015.

2. Defendant A

A. From November 1, 2010 to May 2013, the Defendant entered into a contract to provide uniforms from (i)F to (ii) the office of the said E-General Team to (iii) around December 30, 2011, as a person in charge of overall duties, such as: (a) working in the general department of E-stock companies located in Tong Young-si L (hereinafter referred to as “E”); (b) selecting working clothes production companies to be paid to E members; and (c) taking charge of overall duties, such as concluding contracts. < Amended by Presidential Decree No. 23290, Jun. 30, 2011>

The defendant has presented the unit price of working clothes to the owner prior to the order of the beginning for each PPP in accordance with the above contract.