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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to the grounds for appeal by Defendant B, the crime of interference with bidding is established when the impartiality of bidding results is harmed by deceptive means, threat of force, or other means, and the “act detrimental to the fairness of bidding” in this context refers to an act that generates unfair influence on the adequate price formation through fair competition. The act includes not only the act of price determination but also the act that harms legitimate and fair competition methods in the bidding process (see, e.g., Supreme Court Decision 2011Do6375, Sept. 8, 2011). The lower court, on the grounds the grounds indicated in its reasoning, conducted the fairness of foreign capital tender for AF stage equipment in collusion with Defendant A and E by deceptive means or other means.
The judgment of the first instance court that found this part of the facts charged guilty was affirmed.
The judgment below
Examining the reasoning in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the act of interference with bidding or the fairness of bidding as alleged in the grounds of appeal.
In addition, the Supreme Court precedents cited in the grounds of appeal are different from this case, and it is not appropriate to invoke this case. Thus, the judgment of the court below is not erroneous in the violation of the Supreme Court precedents.
2. On the grounds of Defendant D’s appeal, the lower court, based on its stated reasoning, pretended to the fact that Defendant D entered into a false subcontract agreement with Defendant A in relation to acceptance of bribe and the delivery of money therefrom, and, based on which money was lawfully acquired, the crime proceeds were generated.
The judgment of the first instance court that found this part of the facts charged guilty was affirmed.
The judgment below
In light of the relevant legal principles and duly admitted evidence.