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Defendant
A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.
Reasons
Criminal facts
Defendant
A is the chairperson of the Geumcheon-gu Seoul Metropolitan Council for Representative of Residents of F apartment, and Defendant B is the vice president of the G Co., Ltd. entrusted managing entity of apartment.
The Defendants indicated in the “entrusted controlled entity selection tender” ordered by the said F apartment occupants’ representative meeting around December 2015, that the Defendants indicated in advance the “Selection” in the tender 8 plastic garbage bags to be awarded a successful bid by G, and indicated in the order of drawing for the first time by G to allow the first time by drawing. However, according to the witness J and I’s respective legal statements, etc., the Defendants did not appear to have agreed at the said F apartment occupants’ representative meeting to determine the order of drawing by drawing, and thus, the Defendants correct it ex officio.
The G conspiredd to manipulate the bidding process so that it can become a successful bidder in the selection of the entrusted controlled entity.
After the Defendants recruited as above, around 18:30 on December 14, 2015, the Defendants: (a) made 8 bags for bidding lot at the conference room of the representative apartment building occupants’ conference; and (b) made 7 bags with the sign of “explosion” as publicly recruited in advance; (c) put the Scar tape at the end of both sides of the envelope, and put them two times at the end of each part; and (d) put the Scar tape at the back of the envelope with the sign of “the designated” on one occasion at the center of the part, so that the envelope can be identified in advance; and (d) set the order of drawing to be selected in the order of arbitrary participation; and (e) stated in the facts charged in the instant case, “In spite of the agreement on the order of drawing lot at the conference of the representative apartment, the order of drawing lot was changed in the order of arbitrary participation in the bidding.”