beta
(영문) 전주지방법원 군산지원 2020.01.15 2019고정208

입찰방해

Text

Defendants shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

B is the representative director of the construction and construction execution business chain in Isan-si, and the defendant A served as the technical director of the council of occupants' representatives at the 19th Council of Residents' Representatives during the period from March 1, 2017 to August 2, 2018.

On February 26, 2018, the Defendants: (a) around February 26, 2018, the said council of occupants’ representatives requested that Defendant A, who was in a usual relationship, provide the data related to the tender obtained by Defendant A in advance; and (b) Defendant A provided convenience related to the participation in the said tender, such as accepting it.

On March 7, 2018, Defendant A, through e-mail, sent four files, such as the detailed statement of the expected execution price, which is data related to the tender, from the above council of occupants' representatives, to the e-mail address in the name of Defendant B on the same day. On March 8, 2018, Defendant B sent four files to the e-mail address in the name of Defendant B at the e-mail address. On the same day, Defendant B submitted one copy of the certificate of actual performance of construction works under the name of F apartment apartment council (excluding subcontracting and partial construction) related to the company (excluding subcontract and partial construction) with at least 300 households for the last three years from the final date of the bidding, and notified Defendant B of his/her current status of participation in the above construction works, “on March 15, 2018, Defendant B was not aware of the forgery of the above bidding due to his/her intention on March 15, 2018.”

Accordingly, the Defendants conspired to commit deceptive or other means.