The defendant shall be innocent.

1. The summary of the facts charged is a person who serves as a director of the management office of the Nam-gu Incheon Metropolitan City apartment complex C (hereinafter “instant apartment”).

At around December 2015, the Defendant received a request for convenience from the managing director E of the company for cleaning and disinfection services to be conducted immediately from the general management director E of the company for the settlement of apartment cleaning services in order to receive a successful bid from the Defendant in charge of the selection of the apartment service company in accordance with the relevant statutes.

On December 18, 2015, the defendant, with the intention of accepting the solicitation, received the notice of bid announcement, accompanied by the notice of tender announcement (laund 500,000,000 capital, performance records, technical personnel, facilities, and equipment to participate in the bidding, and notified the bidding on December 21, 2015. On December 28, 2015, the defendant selected the notice of bid announcement D as the above apartment cleaning and disinfection service company in the opening and qualification examination conducted on December 28, 2015.

Accordingly, the defendant conspireds with E to undermine the fairness of bidding.

2. Determination

A. According to the evidence duly admitted and examined by this Court, the following facts are recognized.

① Former managing office of the instant apartment

Around December 24, 2013, F entered into a contract with G Co., Ltd. (hereinafter “G”) for the cleaning service of the instant apartment by setting the contract amount of KRW 72,267,60 per annum ( KRW 6,022,30 per month) and the contract period from January 1, 2014 to December 31, 2015, and the head of the instant apartment management office entered into a contract for the alteration of the contract amount of KRW 6,624,40 per month from January 1, 2015.

② On November 17, 2015, the representative meeting of the occupants of the instant apartment complex deliberated and decided on the budget bill for the year 2016 of the instant apartment complex. The cleaning cost is calculated as KRW 79,492,80 per annum, and the disinfection cost is calculated as KRW 4,549,200, and the cleaning and disinfection service contract separately resolved to open competitive bidding.

③ On November 26, 2015, the Defendant publicly announced a bid to a cleaning service company and a disinfection service company, respectively.