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(영문) 대구지방법원 2018.04.19 2018고단729
위계공무집행방해등
Text

Defendant

A shall be punished by imprisonment with prison labor of eight months, and by a fine of four million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

B is the head of “F kindergarten” and “G kindergarten.”

Defendant

A is a person whose business operator is registered in the name of “H” around March 10, 2017, and whose business operator is registered in the E-Procurement System, which is managed by the Public Procurement Service on the same day, as a bidder for the graduation.

Defendant

I, a spouse of A, is a person who operates a photographer with the trade name of “J” from May 4, 2010.

1. Defendant A

A. (1) On April 2017, the Defendant committed a crime against K elementary school by fraudulent means, the Defendant was selected as the first priority successful bidder by bidding the selection of a manufacturer of the K K elementary school who is a public school in the name of “H” on the website of the “State Funeral” managed by the Public Procurement Service.

K Elementary School limited the qualification for participation in the above bidding to a company with "the results of completing the supply of at least 50 copies of the graduation photographs per single case", but no "H" had such results.

Around April 14, 2017, the Defendant received a false certificate of the supply of the G Kindergarten that “H” was produced and supplied to “G kindergarten” and “G kindergarten” in the year 2016. On May 2, 2017, the Defendant submitted a false certificate of the supply of the G kindergarten name “H” to the public official in charge of the K Elementary Office located in Daegu-gu, Daegu-gu, by submitting a false certificate of the supply of the G kindergarten name “G kindergarten” to the public official in charge of the public official in charge of the public official in charge of the public official in charge of the public official in charge of the public official in charge of the public official in charge of the public official in charge of the public official in charge of the public official in charge of the public official in charge of the public official in charge of the public official in charge of the public official in charge of the foregoing false document.

Accordingly, the defendant interfered with the selection of the manufacturer of the 2017th graduates from K elementary school which is a public school by fraudulent means.

(2) On April 2017, the Defendant was selected as a first-class successful bidder by bidding the selection of a manufacturer, who was a public school M secondary school, on the website of “State master” managed by the Public Procurement Service.

M Middle school shall participate in the above bidding.

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