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(영문) 대구지방법원 의성지원 2017.04.27 2017고단44

직권남용권리행사방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From January 1, 2016, the Defendant is a person who served as the head of Gyeongbuk-gun B.

B around May 2016, around KRW 600 million was received from the Sung-gun in the budget for the “B drilling project.” The Defendant promoted farming road packing work, sewerage maintenance work, drainage construction work, and village repair work, etc., and the Defendant was working as the above, and supervised and supervised the overall affairs of the project, including the selection of the construction company for the drilling project, in addition to the management of the side administration.

When the defendant exercises overall control over the affairs of the drilling business, he/she shall not abuse his/her authority to allow working persons within the Myeon office, such as persons in charge of contracts related to the business to perform an act for which he/she is not obligated to perform, or to interfere with the exercise

Nevertheless, the Defendant unilaterally stated “C, D, E, E, F, G, H, I, and J” at the Myeon Office of the Myeon Office of B around June 2016 without undergoing “the procedures related to tender of local governments and the number of contracts,” such as the submission of an estimate of the number of actual transaction prices, by comparing the actual transaction prices, etc., and by determining the final contract contents. On the other hand, at the Myeon Office of B around June 2016, the Defendant unilaterally stated “C, D, E, F, G, H, I, and J,” which was known to the general public, using a pen as seen in the construction column, and sent it to K who is the contracting officer of B, and concluded the construction contract with C, etc.

The defendant who received the above status report from the defendant "C does not have the ability to perform the steel works."

“ Even though he/she speaks as “,” he/she had a female enter into a contract with L Farm Packaging, which does not have construction capacity on July 6, 2016, for D and Mro Packing, on July 6, 2016, enter into a contract for construction work with D and Mro Packaging, which does not have construction capacity on July 6, 2016, and entered into a contract for construction work with N and O sewerage Maintenance Work for E on July 7, 2016, and P and Q were to enter into a contract for construction work for agriculture, and on July 7, 2016. < Amended by Presidential Decree No. 27477, Jul. 8, 2016>