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(영문) 서울서부지방법원 2014.02.14 2013고단2783

입찰방해등

Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 27, 2011, Defendant A was selected as the president of the E Housing Redevelopment Partnership (hereinafter “E Redevelopment Partnership”) and has overall control over the above partnership’s business affairs, such as the selection of service companies and the management and execution of funds, etc. from that time to that time. Defendant B, as the representative director of the F in charge of the said redevelopment Partnership, is responsible for the overall business affairs of the said company.

2. In order to conclude a contract to become a partner's burden pursuant to Article 24 (3) 5 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents pursuant to the crime (violation of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents) committed by Defendant A,

Nevertheless, around March 28, 2011, Defendant A held a temporary board of directors of the E redevelopment association and selected six service companies as shown in the attached list of crimes. On May 7, 2011, the general meeting of union members, before the general meeting of union members, Defendant A entered into a service agreement of 2.27 billion won in total (excluding value-added tax) of the contract amount to be borne by the union members by having the said six service companies prepare a contract with the said six service offices in Mapo-gu Seoul Metropolitan Government under the supervision of the general meeting of union members at the end of March 7, 2011.

As a member of the redevelopment association, Defendant A arbitrarily promoted the projects to be borne by the members in addition to the matters set out in the budget without going through the resolution of the general meeting of the members.

3. On August 201, the Defendants’ joint criminal conduct (Interference with bidding) E redevelopment partnership shall select three companies, such as the KAF, the KAF, the KAF, the KAF, and the KAR&C, as a designated competitive tendering company, according to Article 14 and Article 12(1) through (3) of the articles of incorporation of the said partnership. On August 25, 2011, three companies, such as the KAF, the KARR&C, and the KAF, as a designated competitive tendering company, shall be designated as the deadline for bidding.