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(영문) 제주지방법원 2014.01.23 2013고단1187
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

Defendant

A Imprisonment for one year, and each of the defendants B and C shall be punished by imprisonment for ten months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant

B The directors of the G Suhyup, Defendant A, and Defendant C, from around 2002 to the head of G Suhyup H branch, were working as the head of the said Suhyup I project team from January 7, 2013.

On September 19, 2008, the Suhyup applied for an auction on the above vessel to recover the claim against K, which is the JJ owner, and was awarded a successful bid of KRW 430 million on August 8, 2008, and decided to sell the above vessel by bidding at the Suhyup, and on the 19th day of the same month, on the 19th day of the same month, the notice was given that the first lowest bidding price of KRW 532 million, the second lowest bidding price of KRW 478 million, the third lowest bidding price of KRW 450 million, and the third lowest bidding price of KRW 40 million.

1. Around September 24, 2008, Defendant B and Defendant A conspired to interfere with the tender of Defendant A andO who agreed to the bid of the Plaintiff, on the following day: (a) Defendant B and Defendant B were awarded the lowest bid price for the ship at the MMM management office located in Seopopo City L, thereby receiving 30% of operating profits in return for one’s vessel management; (b) Defendant B appears to have participated in the tender of the scheduled bid shipbuilding office in order to prevent the Plaintiff from participating in the tender; and (c) Defendant A andO who agreed to the bid.

The Defendants, at around 10:00 on September 25, 2008, at the auction room established in the second floor of the above Suspoon L, the two main floor of the Suspoon L, and the victim O who paid KRW 50,000,00, intended to submit a tender document. Defendant B, who, in turn, took the above tender document and thrown away it, and Defendant A prevented the victim from submitting the tender document by threatening the victim by threatening the victim.

As a result, the Defendants conspired with each other to impair the fairness of bidding.

2. The Defendant C, at around 10:00 on September 25, 2008, participated in the above ship tendering procedure commenced in the second floor conference room of the above Su-gu World Trade Organization, under the name of his own partner P, and sent B as a bidding agent.

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