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(영문) 인천지방법원 부천지원 2013.07.24 2013고단774
업무상횡령등
Text

Defendant

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

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

Defendant

A as the team leader of E Co., Ltd. (hereinafter referred to as “E”) at the time of harmony, the head of E Co., Ltd. is the team leader of E Co., Ltd. (hereinafter referred to as “E”) to receive written estimates from the companies intending to participate in the designated competitive bidding and deliver them to E Co., Ltd. to the E Co., Ltd. so that the said purchasing team can select the companies participating in the designated competitive bidding. Defendant B is the representative director of F who is the above trading company, and G is the representative of H, and I is the representative of J.

1. The Defendants conspired with G and I to arrange that F will be awarded a successful bid in a way that F, in substance, intended to supply goods to E in the designated competitive tendering procedure for the purchase of goods to G and I, will make the said H and J tender at a price higher than F in form. A.

Defendant

A around May 2008, at the above E office, request the defendant B to be aware of the designated competitive tendering company in the form of the F's bid for purchasing the "pretension test equipment" in the above E office, and the defendant B so inform the above G of the F's estimated amount in advance, and G of the same year.

5. 8. Around the 13th of the same month, the first tender of the above designated competitive bidding was formally bid of 123,960,000 won higher than the bid price of 130,000,000 won, which is the bid price of 122,60,000 won in the name of H, and the second tender was formally bid of 129,000,000 won higher than the bid price of 122,60,000 won in the name of H and thus, the above F was awarded the bid on the same day.

As a result, the Defendants conspired with G, thereby harming the fairness of the designated competitive tendering conducted by E by fraudulent means.

B. At the above E office around June 2008, Defendant A requested Defendant B to be aware of the designated competitive tendering company in the form of the F’s scambling test. Accordingly, Defendant B notified the above E of the F’s estimated amount in advance, and G of the same year.

7.4.Wronon.

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