입찰방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal by defense counsel;
A. In fact, the Defendant did not cause K, etc. to modify the evaluation items and allocation criteria table in favor of the law firm I (hereinafter “I”) by means of a designated competitive bidding by an agent to conduct international arbitration on behalf of B, or cause the evaluation committee members to unilaterally give higher points to I.
The defendant is informed that B Mayor B would have an administrative litigation against D's agent for a provisional disposition case on D's business.
Although there was a fact that the agent of the lawsuit in the above provisional disposition case has harmed the fairness of the bidding procedure as long as he was appointed by several contracts instead of the bidding procedure.
In addition, it could not be said that the fairness of the tendering procedure on the international arbitration is impaired on the ground of the conduct on the provisional disposition case.
shall not be effective.
Although the Defendant did not commit an act detrimental to the fairness of the tendering procedure as indicated in the facts charged, the lower court erred by misapprehending the legal doctrine on the obstruction of tendering, thereby convicting the Defendant of the facts charged.
B. In light of the fact that the criminal defendant was not subject to a fine, etc., the sentence of the lower court, which sentenced the community service order for eight months of imprisonment, two years of suspended execution, and one hundred and twenty hours of imprisonment, is too unreasonable.
2. Determination
A. We examine ex officio prior to determining the grounds for appeal on the ex officio judgment.
From November 25, 2010 to November 24, 2011, a prosecutor has been in charge of the affairs related to D business by reviewing the matters that E, the competent department, has been promoted or is being promoted in connection with D business, and has led to decision-making related to D business.
B The City shall be.