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(영문) 인천지방법원 2015.04.09 2014고단5557
경매방해
Text

[Defendant A] A shall be punished by a fine of KRW 7,00,000.

The above fine shall not be paid by the defendant.

Reasons

As the Ministry of Land, Transport and Maritime Affairs announced in 201 the "Guidelines for the Selection of Housing Management Operator and Operators" in the Ministry of Land, Transport and Maritime Affairs of 201, it was selected through bidding after the organization of the council of occupants' representatives.

K, an apartment management company, which is well aware of this fact, offered or promised money and valuables to the effect that K, which is mainly an illegal solicitation to the president, representative, management director, etc. of a new apartment in the apartment complex, will be awarded the right of operation of the childcare center in the apartment complex. On the other hand, K, which is an apartment management company, has ordered L, etc., who is a bidder, to be excluded from the application for the operation of the childcare center.

In addition, the above L made a separate agreement to the effect that the applicant for the operation of a child-care center is interested in the recruitment plan, and the applicant for the operation of the child-care center is paid the down payment in a certain amount before the bid is ordinarily made, and the successful bid is paid in 2 million won per the original child. The documents such as the certificate of qualification for the head of the child-care center necessary for the tender are drawn up and submitted by the public notice of the selection of a tender in favor of a specific person, and even the person participating in the tender is prepared and submitted even in the form of a tender document.

After that, when a specific person receives a successful bid through the formal bid process as planned in advance in the open bid of the operator of the apartment childcare center, the council of occupants' representatives, which received money and valuables from the successful bidder to the amount exceeding 10 million won, which is less than 2 million won per original, and served as a critical role in the selection of the right to operate the childcare center.

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