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(영문) 광주지방법원 2016.08.11 2016고단1517
입찰방해
Text

Defendant

A In fines of KRW 10,00,000 (per million), Defendant B shall be punished by fines of KRW 7,000,000 (per million) and above.

Reasons

Punishment of the crime

Defendant

A The representative director of E Co., Ltd. (hereinafter “E”) and Defendant B are the former affairs of F Co., Ltd. (hereinafter “F Co., Ltd.”), G are the president of H Housing Redevelopment Partnership, and I are the above partnership management directors.

Defendant

A, G, and I, around October 2014, intended to implement the redevelopment project by making the E company B as the contractor at the H redevelopment partnership office located on the third floor of the JJ in Gwangju-dong, Gwangju-gu. To this end, on November 7, 2014, the above general meeting of the Association was held to be elected as the president of the Association. On December 2014, the facts of around 2014, the E company decided to select the E company as the contractor of the E company in addition to the E company, in order to pretend that the bid was held solely by the E company.

As a result, G and I publicly announced the bid for H Housing Redevelopment Project at K's south-west, and then send the bidding guidelines in advance to the E Company Planning Department on the same day.

On the 20th of the same month, Defendant A requested Defendant B to the effect that he will participate in the tender formally by stating, “The H union was considerably underway with the H union, sembling in the public book,” and Defendant B consented to the participation in the tender so as to be selected as the contractor in the said redevelopment project by posting a telephone to the Defendant B.

Thus, on January 16, 2015, Defendant B had F company employees M submit the documents of tender for the construction project of the above redevelopment project although there was no intent to receive a successful bid, and on February 12, 2015, Defendant B selected E company as a contractor by using the method of pressing to its members as if the F company did not participate in the redevelopment project and E company employees were the F company employees.

As a result, the Defendants conspired with the above G, I, thereby harming the fairness of bidding by deceptive means or other means.

Summary of Evidence

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