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All appeals filed against the Defendants and the Prosecutor A are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The court below erred by misunderstanding the following facts and affecting the conclusion of the judgment.
(1) As to interference with bidding, F Co., Ltd., Ltd., the original Co-Defendant B’s operation of Co-Defendant B (hereinafter “F”), did not enter into the general competitive bidding by the supplier of work uniforms (hereinafter “instant bidding”) during the supply period from October 1, 2013 to September 30, 2015, which was implemented in April 1, 2013 by E Co., Ltd. (hereinafter “E”), and at the time, G, a general manager of E-General Team, solicited B to participate in bidding through the M division, a manager of F, and thereby, F failed to comply with the bidding.
By April 12, 2013, the date of the receipt of the instant tender, the J (hereinafter “J”), I (hereinafter “I”), and F three companies. After opening the tender documents, J did not submit the tender price higher than the first one, and I did not submit the tender price. While the bidding price was lower than the first one, I did not meet the sale requirements (5 billion won or more of the average annual turnover for the last three years) among the qualifications for bidding in the instant tender notice, it was an enterprise determined by F as the supplier of the instant tender, and thus, it appears that F added the tender price of another bidding company and sent it to B mobile phone by gathering the bid price of the other bidding company and photographing it.
On April 13, 2013, the following day, from K Golf Co., Ltd. to B by lowering the unit price for the bid from B, and by F to G on April 15, 2013, it was true that he/she has delivered B the unit price for the bid to B. However, he/she did not have to submit a new tender by lowering the unit price for the bid to B, and as a result, the F’s unit price was lower so that damage to E did not occur. Therefore, the Defendant cannot be deemed to have harmed the fairness of the instant tender in collusion with B.
(2) On June 30, 201, as to occupational breach of trust, between E and F.