logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.06.22 2017고정340
입찰방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the Vice-President of D Co., Ltd. (hereinafter referred to as “D”) who conducts a business of cleaning and guarding apartments on the old-gu C and 21 floors during Ansan-si.

The defendant, when the apartment management office publicly notifies the bidding price in order to ensure that the company that submits the lowest estimated price at the time of the selection of a guard station is awarded a successful tender, he requested the same company to determine the estimated tender price in advance, and the other company requested to do so shall gather the "oper" participating in the tender with a higher price.

On May 19, 2015, the defendant was awarded a contract in the public notice of bid for E apartment guard in Ansan-gu E apartment complex in order for D to receive a successful bid.

On June 5, 2015, the Defendant: (a) determined the price in advance to obtain a successful bid; (b) designated “1,120,000 won per month service amount” in the D Office of Co., Ltd. using e-mail at the D Office of Co., Ltd.; and (c) requested the bid to participate in the bid at a bid for apartment security; and (d) received a successful bid in the tender for the said apartment security.

As above, Defendant 1 participated in a reverse bid for the E apartment guard, thereby ensuring the fairness of bidding by deceptive means.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to criminal place, investigation report (Separation investigation of D case), investigation report (Attachment of e-mail data related to correspondence), investigation report (Attachment of apartment service bid data) (Attachment of apartment service data)

1. Relevant Article 315 of the Criminal Act concerning the facts constituting an offense and Article 315 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order are recognized and against the Defendant. The first offender who had no record of punishment prior to the instant case, and the Defendant’s age, sex, environment, and circumstances leading to the instant crime, etc. shall be considered.

arrow