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(영문) 서울북부지방법원 2018.08.31 2018고정68
업무방해
Text

Defendants shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendant

A is a person in charge of fund management by taking overall charge of all the affairs related to the construction works conducted at F University, such as the lecture of the head of F University Construction Headquarters, and Defendant B is the director of F University G of the Construction Private Office, a design firm for the extension of F University (hereinafter referred to as “G”).

On August 27, 2014, at the F University located in Seoul H, the Defendants agreed to select G as a design modification enterprise, even though they compared it with two or more persons after obtaining a estimate from two or more persons, and then concluded a contract with the company which submitted the lowest price estimate, while the Defendants conspired to select G operated by Defendant B as a design modification enterprise.

According to this public offering, Defendant B received a written estimate from another construction office, such as “(State), I (State), J, and (State)K, at the request of Defendant A, with a higher estimate than G, and delivered it to Defendant A along with G’s written estimate. Defendant A, upon receiving the said written estimate from each company, prepared a “written estimate comparison” as if the said G had been awarded a successful tender by presenting the lowest estimate, and obtained approval from the president of the FF University with no knowledge that the said estimate had been jointly awarded.

As a result, the Defendants conspired to interfere with the duties of the president of the F University L to select the “GGGGGGGGGD design modification service company.”

Summary of Evidence

1. The Defendants’ respective legal statements

1. Statement made by prosecution against M;

1. Each police statement made against M, L, or N;

1. Application of Acts and subordinate statutes on the comparison table of design changes (G, etc.), proposal for G design change services, proposal for I design change services, proposal for J design change services, and written estimate of design change for extension works of the F University;

1. Article 314(1) and Article 314 of the Criminal Act provides that the Defendants who choose to commit a crime and to impose a sentence.

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