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(영문) 수원지방법원 안양지원 2018.02.20 2017고단882
위계공무집행방해
Text

1. Defendant A shall be punished by imprisonment with prison labor for ten months;

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who has worked as the head of the H viewing construction city and road facility team in G from July 11, 2014 to July 5, 2016, and Defendant B is the representative director of the I Co., Ltd. (hereinafter “I”).

H From June 2014, the Si promoted the construction of the J soundproofing Walls (hereinafter “the construction”). During the process of the implementation, Defendant B, upon Defendant A’s request, he saw approximately KRW 5 million noise measurement free of charge, and thereby he spawd each other.

Accordingly, around April 14, 2015, the Defendants ordered “noise and design services following the installation of J Soundproof Walls” (hereinafter “K”) under the name of K Co., Ltd. (hereinafter “K”), but actually performed I’s services. On May 11, 2015, Defendant A knew that the design service provider was not K, but I, while having been aware of the fact that L, an employee of K, was not an employee of K, he would fairly examine soundproof materials of various companies and select three excellent products, and Defendant A announced that the performance of the construction work is excellent by means of any such materials as I among these materials.”

The Defendants carried out the instant design service at K, and as if K had judged that the performance of I’s material performance was the most excellent, the participants in the report conference, such as H City Construction Director M et al., who is aware of such fact on the same day, determined I’s soundproof walls as material of the instant construction, and entered into a contract with I and the instant construction project around July 31, 2015.

As a result, the Defendants conspired and interfered with the legitimate execution of official duties concerning the conclusion of construction contracts by H market price.

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