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(영문) 수원지방법원 2018.02.21 2017고합529
공무상비밀누설등
Text

Defendant

A shall be punished by imprisonment for 8 months and by a fine of 6 million won, and by a fine of 3 million won, respectively.

The defendants are the defendants.

Reasons

Punishment of the crime

1. The Defendant A shall be a public official working for the Department C of Gyeonggi-do Office, which is located in the Suwon-gu Won-si Fympon from July 26, 2012 to August 21, 2015.

On July 9, 2012, Gyeonggi-do entered into a contract for the implementation design service of the "H development project" in order to manage dredging soil generated from the "F construction works", which is a construction project that creates at least 300 mooring facilities, etc. in a scale of 300 to a daily area, through a public tender by the Public Procurement Service (hereinafter referred to as "D"), and Defendant A was in charge of supervising the above H implementation design service.

H As the public law of the CGS public law, the CGS public law is one of the public law to improve and strengthen the weak ground as the weak of the compacting public law.

There are many methods of construction, such as in-depth mixed processing methods, sand dumping methods, and shop shop shop business and ordering office shall consult with each other to select the most appropriate method of construction among each method of construction and reflect it in the design.

On the other hand, I Co., Ltd. (hereinafter “I”) is a company that runs the construction business in Seongbuk-gu, Sungnam-si, and has a patent right under the CGS Public Law, one of the methods of construction of dredging earth speculation and thus, H construction can be subcontracted if the CGS public law is selected and reflected in the design. Defendant B is the representative director of I.

2. Defendant A

A. On August 24, 2012, the Defendant who disclosed confidential information in the course of design, sent to the Defendant’s office of the Gyeonggi-do Office with data that compared the various methods of construction of the said H, and had the person in charge review it. The Defendant’s name includes the estimate of each method of construction, construction cost, and collection points, etc., in order to ensure that the CGS public corporation is selected as the H public corporation. As such, the Defendant’s file “D preparation” is compared with the method of improving the annual design, which is a material that is classified as confidential information in the course of design, and is highly likely to compromise the fairness in the selection of public corporation if it is known to the competitor.

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