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(영문) 인천지방법원 2018.12.13 2018고정1119
명예훼손등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who served as the director of the office of managing apartment B from July 18, 2016 to August 21, 2017, and the victim C is a person who is the representative of the said apartment D unit D.

1. On October 6, 2016, the Defendant, who was in breach of trust, made an open bid to select a repair company for the above apartment complex as a repair company for another apartment complex, and the Defendant, among three participating companies, paid 16,50,000 won a bidding price to 3 participating companies, but excluded from documents due to lack of documents (ju) F 2,10,000 won, and 27,50,000 won from G Co., Ltd., respectively; however, there was a duty to select a business entity that presented the lowest price through fair procedures, since it was decided to withhold the selection of a business entity according to the occupant's representative meeting to the effect that the bid is excessive, and to receive a request for an estimate from the business entity.

Nevertheless, Defendant 1 participated in an open bid under the name of E

The minimum price of construction work presented by the other company upon contact with H is 13 million won, and it was proposed to request construction to the amount of the construction work. After discussing whether to conclude the contract with the above H, the above H appears to have a positive attitude and decided to select the above H as a construction business operator.

On October 11, 2016, the Defendant entered into a contract with I, who is an employee of the above management office, for the repair work of another day at the above H and price of KRW 14.3 million (including additional KRW 1.3 million) at the office of the above management office, and received a copy of an envelope containing KRW 300,000,000 in cash from the head of the above apartment management office around October 14, 2016 at the office of the above management office.

Accordingly, the Defendant acquired KRW 300,000 from the above H in return for an illegal solicitation for the selection of a corporation as to his duties.

2. The Defendant’s defamation has examined the documents pertaining to the repair work of another party and necessary for H to the Corporation.

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