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(영문) 서울중앙지방법원 2017.01.05 2016고합559
변호사법위반등
Text

A defendant shall be punished by imprisonment for four years.

952,774,930 won shall be additionally collected from the defendant.

The defendant.

Reasons

Punishment of the crime

【2016 Gohap 559】

1. Violation of defensive justice;

A. On September 25, 2009, Seoul Meart, a local public corporation established for the purpose of the operation of subway 1-4 lines in subway lines in Seoul Special Metropolitan City, and the operation of ancillary business, etc. (hereinafter “L business”) announced a bidding for the selection of 100 operators of the business (hereinafter “L business”). At the subway stations, N representative Director of the M Co., Ltd (hereinafter “M”) who operates the cosmetics sales business (hereinafter “M”), around that time, participated in the said bidding at the recommendation of the representative director of K, the representative director of K, who operates the business of selling the cosmetics, such as clothes and shoes, and, in case of being selected as a business entity, he agreed to the authority to lease 30 out of the above 10 retail stores, to make a bid-related proposal, and made a bid-related proposal to K free of charge.

N participated in the bidding at K’s expense, which was entrusted with the affairs related to the bidding on October 20, 209. However, Q Co., Ltd. (hereinafter “ Q”), which was urgently established by P, before two months of the said bidding, was selected as a priority negotiation subject to L business around October 23, 2009. Accordingly, Seoul Q and lease contract (term of contract: between December 17, 2009 and December 16, 2014 and five years of rent) was concluded on December 17, 2009.

As above, as Q Q was selected as the priority negotiation object of L business around October 23, 2009, N and Q had a problem of submitting a false bid proposal, the most paid-in capital of Q, etc. on October 209, and sought a method of filing a civil petition against related agencies, such as Seoul Viewing and Seoul Meart, on the background that Q was selected as the priority negotiation object. Furthermore, the Seoul Viewing Audit and Inspection Committee had from November 2009 to September 23, 2009 on the "the second multi-modal development project tender for rental facilities in history" where the supplementary team was in charge of L business from around September 2009.

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