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(영문) 인천지방법원 2018.01.18 2017고정696

입찰방해

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who works as a director of the Yeonsu-gu Incheon Metropolitan City apartment management office from around September 2014.

On November 10, 2014, the Defendant: (a) submitted a tender to six companies, including Co., Ltd., D and other companies; and (b) selected D as the lowest company on the 24th day of the same month in the opening and examination of qualifications on the bidding for the selection of the above apartment cleaning service companies.

In this regard, prior to the execution of the above tender, the Defendant was offered a solicitation to the effect that, by limiting the qualification for participation in the tender to “an enterprise that manages more than 50 complexes including at least 80 million capital, 1,000 single complex 1,000 complexes” to “an enterprise that manages more than 50 units of 1,000 units” to receive a successful tender from the representative E of D Co., Ltd.

Defendant Co., Ltd. issued a tender notice stating qualifications for participation in tendering favorable to E in response to the solicitation from E to receive a successful bid as above, and made Co., Ltd. D participated in F, G, H, and I in the said bidding and made it possible to receive a successful bid.

Accordingly, the defendant conspireds with E to issue a bidding notice in favor of D, thereby ensuring fairness in bidding.

2. The defendant's assertion and defense counsel's assertion, and the defendant's work experience as the Director of the Management Office

C In the process of selecting a cleaning service company, there is only a fact that there is a bid announcement form with limited qualifications for participation in bidding from E, which is a D operator of cleaning service company in the process of selecting a cleaning service company, and there is no fact that there is no compensation in relation thereto.

As the defendant decided to limit the eligibility to participate in the apartment cleaning service company's bidding at the representative meeting of apartment occupants, the public announcement is made as it is, and the D has presented the minimum price in the bidding procedure through the selection procedure of the representative meeting of occupants.