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(영문) 서울중앙지방법원 2018.11.08 2018고단2696

입찰방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant and related persons are the director of the Technology Headquarters NI (Telecommunications Maintenance and Repair) Team in the ICT (Information and Communications Technology) project sector of a corporation (hereinafter “B”) with the purpose of maintaining the computer system and conducting information and communications construction business, etc., and C is the representative director of B, and D is the head of the Business Headquarters (Business Director) of B.

2. Criminal facts;

A. The E agency that interferes with the tendering process related to the “F project” of the E agency is to promote a replacement project according to the network equipment aging in operation around January 2017, and to select negotiation partners through the evaluation of the proposal and determine the project operator through the negotiation procedure.

C. D shall be deducted in advance from the person in charge of the foregoing E agency.

Based on the bid information such as the details of the request for proposal obtained, the Defendant was willing to prepare and submit a proposal more faithfully than other companies and made it possible for B to be selected as a business entity. The Defendant participated in the crime after receiving instructions from C and D on the preparation, etc. of the above proposal.

Accordingly, around March 2017, 2017, C and D, which was prior to the tender announcement, obtained from the person in charge of the above E, the contents of the request for proposal and the three allocated marks on the upper world, and the defendant was able to do so, and the defendant began to prepare for the tender prior to the tender announcement, such as the construction of a system by type of equipment and the preparation of a request for construction by field, which is the core part of the proposal.

Since June 12, 2017, E agencies made a formal announcement to require the submission of a proposal by June 30, 2017, which is 15 days after the date on which the date on which the proposal was held on June 15, 2017, according to the method of an urgent bid for the competition for the selection of a project operator “F project” (a budget of KRW 2.388 million) (a budget), and B, who participated in the preparation of the proposal, shall obtain in advance the content of the proposal request and the detailed allocation table on the third allocation table on the proposal, and obtain in advance the proposal prepared with time prior to the presentation, to the person in charge of the administrative guidance office of E agencies located in G on June 30, 2017.