All appeals filed by the prosecutor against the Defendants are dismissed.

1. Article 315 of the Criminal Act of the gist of the grounds for appeal (misunderstanding of facts) constitutes a crime of interference with bidding under the Criminal Act (Article 315 of the Criminal Act) upon occurrence of “a situation in which fair competition is likely to be impeded” as an abstract dangerous crime

As long as the Defendants’ qualification to participate in the actual tender announcement related to the selection of cleaning service providers of the apartment complex of this case is the same as the contents of the tender announcement received from J, the representative of the company I, the Defendants’ act as stated in the facts charged of this case should be recognized as a violation of the Criminal Act.

Nevertheless, the court below rendered a verdict of innocence against each of the Defendants. The court below erred by misunderstanding facts, which affected the conclusion of the judgment.

2. Determination

A. Defendant A was working as the head of Yeonsu-gu Incheon Metropolitan Government G apartment (hereinafter “G apartment”) from June 2014 to October 2014, and from November 2014 to July 30, 2015, Defendant B was working as the representative of Yeonsu-gu Incheon Metropolitan Government G apartment management office from November 2014 to July 30, 2015. Defendant B was working as the representative of Yeonsu-gu G apartment from December 2013 to May 2015.

Defendant

On July 22, 2014, A and Defendant B submitted a tender to eight enterprises, including A (hereinafter “I”) such as Company I (hereinafter “I”) and selected I as the lowest company in the bidding and examination of qualifications on the 30th day of the same month.

However, prior to the implementation of the above bidding, the Defendants issued a public notice of the tender indicating the qualification to participate in the bidding to J upon the solicitation that “an enterprise managing at least 70 complexes with at least 80 million capital, including at least 1,000 households of at least 20 households of at least 1,000” to which I would be entitled to award a successful tender by the representative J of the said bidding, and made I participate in K, L, M, N,O, etc. in the said bidding to receive a successful tender.

As a result, the Defendants are qualified to participate in the I bidding in collusion with the above J.