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(영문) 대구지방법원 2014.05.29 2014고정426

업무상횡령등

Text

Defendant

A A Fine of 7,00,000 won, Defendant C of a fine of 2,00,000 won, Defendant B of a fine of 3,00,000 won,

Reasons

Punishment of the crime

1. Defendant A from around 2006 to the present date is a person operating I in Daegu Dong-gu H.

1) On December 7, 2011, the Defendant entered into a private contract, not an open competitive bid, with respect to the selection of the recycling enterprise, at the management office of the Daegu-gu apartment complex, Daegu-gu, and issued KRW 2,700,000 in return for making an illegal solicitation by concluding a lower contract for the collection of recycled goods. 2) On December 7, 2012, the Defendant issued the above illegal solicitation to the above management office, the termination of the said collection contract, and issued KRW 1,800,000 in return.

B. On February 2, 2013, the Defendant issued 1,00,000 won to L, who is the president of the representative of M apartment occupants, for the selection of the collecting company of recyclable products at a non-scriptive place, by a private contract, which is not an open competitive bidding, and concluded a lower contract price for the collecting recyclable products, and granted 1,00,000 won in return.

C. On May 2013, the Defendant issued KRW 1,00,000 in return for the illegal solicitation to identify the bidding participants and inform them of the status of the bidding participants at a high price in the process where the said apartment complex is being open to the public, to N, a representative of the occupants of the O apartment building, at a place that is not a police officer, and issued KRW 1,00,000 in return.

2. Defendant A’s bid interference with the suppliers of recycling enterprises is the unemployed of “I,” a recycling enterprise located in Daegu-gu H. The Defendant C is the operator of “ Q,” a recycling enterprise located in Daegu-gu P. Defendant B, and Defendant B is the operator of “S,” a recycling enterprise located in Daegu-gu T. Defendant D is the operator of “U, a recycling enterprise located in Daegu-gu T.,” and Defendant F is the operator of “W, a recycling enterprise located in Daegu-gu E.,” and Defendant A is the operator of “W,” and Defendant B is the operator of “W, a recycling enterprise located in Daegu-gu E.