입찰방해등
The judgment of the court below is reversed.
Defendant
A Imprisonment of two years, Defendant B imprisonment of eight months, and Defendant C of 10 months.
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable for the lower court’s punishment (the 3 years of imprisonment with labor for Defendant A, the 2 years of suspended execution, the community service order 200 hours in Defendant B, and the 10 months of imprisonment with labor for Defendant C).
2. Determination
A. In the case of interference with each bidding under paragraphs (1) and (2) of the judgment of the court below with all the Defendants, the unit of the Navy committed an enterprise with the intent of Defendant A and B to induce a successful tender in the Korea Forest Afforestation tender on February 21, 2013 and March 21, 2013, and the method of committing the crime is very poor, and it constitutes an act detrimental to the fairness of the bidding in itself, since the lowest price may affect the bidder’s selection and the successful bid price if the bidding is conducted.
The Defendants did not actually incur the loss of the ordering agency.
However, the obstruction of bidding does not require that the unfairness of the result is actually revealed as a dangerous crime.
In addition, in the case of interference with the execution of official duties in a deceptive scheme under Article 3 of the decision of the court below, when the Defense Acquisition Program Administration went away from the supply performance due to the decline of the personal business chain operated by the defendant A on May 21, 2014, and the court re-tenderd on June 5, 2014 and then selected as the lowest bidder, the defendant A and C created a processing supply performance with regard to the production capacity, etc., and when considering the time interval between the prior bid and the prior bid, the court appears to be an enterprise that could not pass the qualification examination, but the above act as a result of active and planned interference with the execution of official duties for the determination of the successful bidder of the public official of the Defense Acquisition Program Administration.
The above bid is to be supplied to the Defense Business Administration with 480,682kg for a year from June 1, 2014, and the budget is planned to be equivalent to KRW 1.622 billion. The tender is substantially related to the tender by other companies participating in the tender.