입찰방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10 million.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Fact-finding or misunderstanding of legal principles 1) The facts stated in the judgment below
1. A. Part of the assertion that the defendant committed an act to the extent that it may cause danger to fair competition;
The defendant did not have any intention to interfere with the bidding because he did not know that competition between the bidders would be impeded.
2) Criminal facts in the judgment below
3. B. (2) The Defendant did not borrow a career pocket book, but actually employed BV.
B. The sentence of the lower court’s improper sentencing (one year of suspended sentence in six months of imprisonment) is too unreasonable.
2. Determination
A. The judgment of the court below on the misunderstanding of facts or misapprehension of the legal principles
1. A. The crime of interference with the allegation on the part of the claim does not require the actual occurrence of the outcome as a dangerous crime established when the fairness of bidding is harmed by deceptive means, threat of force, or other means. The "act detrimental to the fairness of bidding" here means the act of causing a situation that is likely to interfere with fair competition, that is, causing an unfair influence on fair price formation through fair and free competition. It includes not only the determination of price but also the act detrimental to the fair and fair competition (see, e.g., Supreme Court Decisions 2005Do8498, Jun. 9, 2006; 2004Do2581, Dec. 22, 2006). In full view of the following circumstances acknowledged by the evidence duly adopted and investigated at the health stand, the court below and the court below, and the court below, the defendant's series of acts as stated in the facts charged are likely to interfere with fair bidding, namely, an act detrimental to fair and fair competition.
(1) The AV members' agreement and the companies determined by the sequences among those who have been awarded a successful bid according to the agreement.