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Defendant
A shall be punished by a fine of one million won.
Defendant
If A does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. From July 5, 2008 to July 5, 2010, the Defendant held office as the head of the association of the G Housing Reconstruction Project Association established to implement a housing reconstruction project covering the FF won in the project implementation area, and the association of the scale of more than 100 members shall select a constructor or registered business operator as the contractor by means of a competitive bid determined by the Minister of National Land, Infrastructure and Transport at the general meeting of the association, and only when it has failed at least three times, the Defendant may select a contractor under several contracts following a resolution of the association’s general meeting.
G Housing reconstruction and improvement project cooperatives only failed to comply with the first bidding, and in the case of the second bidding, the third bidding did not select the work executor due to the reasons of the partnership, but did not fail to do so. The third bidding did not have been submitted more than three times since the third bidding was completed and was not submitted.
Nevertheless, on March 20, 2010, the Defendant held an extraordinary meeting of the G Housing Reconstruction Association at H on March 20, 2010 and resolved not to maintain the “J” and the “K Joint Project Association” selected as the contractor through an open competitive bidding and a resolution of the General Assembly of Cooperatives on May 10, 2009. On the other hand, the Defendant selected the J Company as the contractor by means of a resolution to select the sole contractor as the contractor.
2. Defendant B, as the managing director of J (State) at the time of March 20, 2010, determined the order, promotion, and construction contract for G housing reconstruction improvement projects.
The Defendant, as described in paragraph 1, was selected by the General Meeting of the Housing Reconstruction Association, instead of by means of a competitive bid, as described in paragraph 1, and the J working for the Defendant was selected as the contractor.
Summary of Evidence
1. Defendants’ respective legal statements 1.