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(영문) 서울중앙지방법원 2016.12.28 2016고단4966
사기
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

Reasons

Punishment of the crime

Defendant

A as the representative of H apartment 14 units, a person who acts as the officer of the council of occupants' representatives of the victim H apartment, and Defendant B, as the chief of the H apartment management office of H apartment management, was a manager of the H apartment management office in charge of managing, supervising and supervising the project for replacing the indoor and outdoor old water pipelines, which was implemented with subsidies from the Seoul Western Water Treatment Business Office, and the J as the vice president of the K Co., Ltd. (hereinafter referred to as the “K”) that performed the project for replacing the indoor water tank up to the water meter for the underground water reservoir and household water supply during the construction (hereinafter referred to as “the above construction”). As the vice president of the K Co., Ltd. (hereinafter referred to as the “K”), the person who participated in and entered into a contract with the said construction on behalf of the K, and Defendant A was responsible for replacing the above water pipe by the victim through the bidding procedure, and therefore, the overall work related to the selection process of the construction company for the rights and interests of the occupants of the apartment.

Nevertheless, the Defendants and J, from January 2015 to the end of the same month, set the criteria for the selection of the victim’s tendering company at the front place of the Seoul Mapo apartment management office, in order to be favorable to the successful bid of the said K in performing the said construction, under the condition of the “enterprise with at least 1,000 single apartment units for the preceding six years, and with at least 3 billion won of hot water pipeline replacement works and unit equipment single construction work (excluding individual heating conversion and subcontractors)” (hereinafter “standards for the selection of the above tendering company”), in accordance with the K’s performance, the Defendants and J conspiredd to divide the construction cost by releasing the construction cost more than the expected construction cost.

J around January 2015, at the end of Mapo-gu Seoul Metropolitan Government (hereinafter referred to as “L”) the respective representatives of L Co., Ltd. (hereinafter referred to as “L”) established for the purpose of the construction-related service business, etc. requested by Defendant B while requesting the design of the above construction.

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