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(영문) 인천지방법원 2016.01.14 2015고합122

배임수재등

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

[General Public Offering] Defendant A is a managing entity entrusted with apartment complex business (State) and Defendant B is an employee belonging to the above company, who is an employee of the above company, and is in charge of overall management of apartment units subject to entrusted management.

As the Ministry of Land, Infrastructure and Transport announced the "Guidelines for the Selection of Housing Management Business Entities and Business Entities" in the Ministry of Land, Infrastructure and Transport in 201, it was selected through bidding after the representative meeting of occupants was organized to select auxiliary operators such as child-care centers in apartment complexes.

The Defendants, who are well aware of these facts, offered money or promised to offer money or other valuables upon the request of the chairperson and the representative of the tenant's association of the new apartment complex to be awarded the right of operation such as the childcare center in the apartment complex, mainly upon receiving an illegal solicitation from the bid hub H et al. to help the other party to the apartment complex to be selected as a successful bidder of the apartment complex, such as the childcare center.

In addition, H is responsible for the participation of applicants for the operation of a child-care center by mobilization of the term " recruitment book", and he receives a certain amount of down payment before bidding from them, and he shall calculate and pay two million won per the original child when he receives the successful bid for the operation right after drilling.

“A separate agreement was made, and relevant documents, such as the certificate of qualification for the director of a child-care center required for the tender, written notice of the selection of a tender favorable to a specific person, and written and submitted a tender document by those who participate in the tender formally.

After that, the above H et al. received money and valuables from the successful bidder to the amount exceeding KRW 100,000,000,000 which is less than KRW 100,000,000 per won calculated by average of the successful bidder, as planned in advance in the open tender of the operator of the apartment childcare center, and the defendant and the child care center will play a critical role in the selection of the right to operate the child care center.