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(영문) 울산지방법원 2016.11.18 2016고합164
입찰방해등
Text

Defendant

A Imprisonment with prison labor for seven years and fines for 330,000,000 won, and Defendant B shall be punished by imprisonment for six months.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A

A. From April 23, 2011, the Defendant is the head of the Ulsan-gu Housing Redevelopment and Improvement Project Association (hereinafter “instant association”) in Ulsan-gu (G, the size of which is 329,561 square meters in total) from around April 23, 201, a person who performs the overall duties of the instant association, such as the designation of a specialized maintenance business entity, a contractor, etc., and the management of the partnership’s property, and a person who performs the overall duties of the instant association, such as the designation of a specialized maintenance business entity, a contractor, etc., and the management of the partnership’s property. The Plaintiff is the specialized maintenance business entity that provides administrative support, such as reconstruction, redevelopment, and the selection of a contractor for a redevelopment project. The J is the head of the I, K, the real representative of I, the representative of L in the name of I, and M, the former works of I.

On December 2, 2013, the Defendant was aware of the Defendant to select K as a specialized management company of the rearrangement project to provide administrative support, such as the selection of the contractor of the instant association, at the Odab in Ulsan-gu N, Ulsan-gu, or as a specialized management company of the rearrangement project to provide administrative support for the selection of the contractor of the instant association. The Defendant: (a) imposed an excessive bid condition for prepayment of KRW 300 million for tender bond or submission of performance guarantee insurance policy of KRW 300 million for the tender; (b) prevented the application for bid in advance to other companies; and (c) granted the most specialized management company of the rearrangement project in the location other than I to satisfy the conditions of the competitive bid; and (d)

이후, 이 사건 조합은 2014. 2. 24.경 위와 같은 조건을 부과하여 ‘2014. 3. 17.’을 입찰마감일로 하는 내용의 정비전문관리업체 선정 입찰공고를 하였고, K은 2014. 3. 13.경 용역비 1㎡당 12,070원으로 된 내용의 I의 입찰신청서류를 울산 중구 P 2층에 있는 이 사건 조합 사무실에서 담당자에게 제출하는 한편, 2014. 3. 17.경 미리 가장입찰 신청업체로 내세우기로 한 ㈜Q 이하 'Q'이라고 한다

A tender application document with 14,900 won per 1 kilometer of service charges and a written estimate in the name of Q Q with forged L in advance and M are forged.

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