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(영문) 대전지방법원 천안지원 2017.09.28 2017고단805

배임증재등

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Defendant B is a person who is working as the representative of G, a corporation for the purpose of business of preventing environmental pollution, etc., and Defendant A is a person who works as the representative of H, a corporation for the purpose of business of collecting and transporting wastes.

I had entrusted the management of daily waste generated within the jurisdiction to a private company through a bid to collect, transport, and dispose of it. On January 2016, I planned a "J project" in the amount of KRW 3.5 billion project cost (hereinafter "project") with the content of the project cost to separate the cleaning of daily waste and street surface and to entrust the new company to the new company, and decided and publicly announced the method of bidding on the entrustment of the project at the K date as "contract by negotiation."

Accordingly, five business entities, including H, run by the above defendant A, submitted a tender document and a proposal for evaluation of technical capabilities to the I city around that time.

I, on June 7, 2016, in order to select a final business operator by evaluating the bidding business operators, he/she decided to select an evaluation committee member to evaluate the project proposal submitted by the above business operators and received the recruitment of a proposal evaluation committee member through the I City website from June 7, 2016 to the 20th day of the same month.

The I City selected seven members of its own evaluation committee around June 29, 2016, and had them evaluate the project proposal on the 30th of the same month, and as a result, H, a corporation that acquired the highest points, was awarded a successful bid and selected as a person eligible for final preferential negotiations.

[Criminal facts]

1. The Defendants interfering with tendering process are likely to cause concern that H, a stock company run by Defendant A, would not be designated as a priority business entity in the above tendering procedure, and there is a procedure to register the evaluation committee as a candidate in collusion.