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(영문) 전주지방법원군산지원 2020.10.28 2020고단1128
업무방해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Status of Defendant and B] The Defendant is a subordinate member of the knowledge and information department E (hereinafter "E"), a commissioned-type quasi-government agency under D, which implements informatization projects, such as the establishment of various cyber counseling systems for juveniles, in the 9th Busan Shipping Daegu C9th, Busan, and B is the head of the knowledge and information department of E.

[The defendant and B] The defendant agreed with B to participate in the bidding of a corporation that is established under B with the intent to monopoly the profit equivalent to the project cost due to the selection of the business operator and to directly prepare and submit a proposal for the participation in the bidding and to select the said corporation as a business operator while working in the E Information and Information Department, and planning various information projects and publicly announcing the bidding to select a business operator to perform the project. At the same time, the defendant agreed to receive 30 million won amount from B with the remuneration for the crime.

[B’s establishment and operation of a borrowed-name corporation] B established a borrowed-name corporation as above and operated the said borrowed-name corporation directly, such as, around July 20, 201, the fund-raising company in the name of F, its middle school, F, F, F’s relative relationship around July 29, 201, the fund-raising company I established the fund-raising company in the name of F, its wife, and the fund-raising company in the name of J, its wife on February 1, 2013, and the fund-raising company in the name of J, its wife, and the fund-raising company, including, but not limited to, preparation of proposals to participate in the bidding of the above borrowed-name corporation.

1. On December 9, 2014, the Defendant, along with B, excluded the participation of a competitive business entity by making an urgent public announcement of tender for “M” as of the eight days prior to the closing date of the submission for a proposal, even though there is no reason to make a public announcement of tender by 40 days prior to the closing date of the submission for a proposal, and then B excluded the participation of another competitive business entity by making an urgent public announcement of tender for “M” informatization projects.

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