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(영문) 창원지방법원 통영지원 2013.12.04 2013고단561
업무상배임등
Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of 4,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. In order to select a production company that will supply uniforms from Oct. 1, 2013 to Sept. 30, 2015, the Defendants publicly announced a general competitive bidding on the contract of the supply company of uniforms to E website, Gyeongnam-do Office, etc.

From April 1, 2013 to obtain the successful bid by Defendant B, who is an existing supplier, the Defendants: (a) sent the tender documents, including marks, marks, etc., by facsimile to the F; (b) around April 17, 2013, the Defendants opened the tender documents of the E Company H 1, J, and (c) at the H6th floor; (c) recorded the bid documents of each tendering company; and (d) sent them to Defendant B; (b) around 19:00 on the same day, Defendant B conspired with the above Defendants at the F Office to reduce the bid amount of I, as seen above, to change the tender price of the E’s first workplace to the H6th floor; and (b) obtained the aforementioned revised tender documents from the E Company 1, 2013, and (c) obtained the aforementioned order from the EF Office to the above Defendants 1, 2015.

2. Defendant A

A. From November 1, 2010 to May 2013, the Defendant entered into a contract to provide uniforms from (i)F to (ii) the office of the said E-General Team to (iii) around December 30, 2011, as a person in charge of overall duties, such as: (a) working in the general department of E-stock companies located in Tong Young-si L (hereinafter referred to as “E”); (b) selecting working clothes production companies to be paid to E members; and (c) taking charge of overall duties, such as concluding contracts.

The defendant has presented the unit price of working clothes to the owner prior to the order of the beginning for each PPP in accordance with the above contract.

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