A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

[Basic Facts] The Defendant is a professor working in D University Health Environment and D University Environment in C; E is a person working as the representative of F, a corporation for the purpose of business of preventing environmental pollution; G is a person working as the representative of H, a corporation for the purpose of waste collection and transportation business.

The I City has entrusted a private company with the collection, transportation, and disposal of living wastes generated within its jurisdiction through a bid. On January 2016, the project cost of which is KRW 3.5 billion (hereinafter “the project of this case”) to separate the cleaning of living wastes and street surface and to entrust the new company with the collection and transportation of living wastes and the cleaning of street surface (hereinafter “the project of this case”) was planned, and around May 20, 2016, the method of bidding the entrustment of the project was determined and publicly announced as “a contract under negotiation.”

Accordingly, five business entities, including H, run by G, submitted a tender and technical capacity evaluation project proposal to the I city around that time.

I, on June 7, 2016, in order to select a final business operator by evaluating the bidding business operators, he/she decided to select an evaluation committee member to evaluate the project proposal submitted by the above business operators, and through the I’s website, he/she was recruited as a candidate for the evaluation committee member for the project proposal for those who have certain requirements with expertise in the environment that he/she wishes to be evaluation committee members from June 7, 2016 to the around 20th of the same month.

The I City selected seven members of its own evaluation committee around June 29, 2016, and thereafter, on the 30th of the same month, the above evaluation committee required them to evaluate the project proposal, and as a result, H, a corporation which acquired the highest points, was awarded a successful bid and selected as a person eligible for final negotiation.

[Criminal facts]

1. Obstruction E and G shall not be selected from the above bids by H Co., Ltd., operated by G, as the priority project operator, in accordance with normal tendering procedures.