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(영문) 대구지방법원 2020.04.22 2019고정1074
업무방해
Text

1. Defendant A shall be punished by a fine of KRW 2,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Transitional Facts] Defendant A, Defendant C, Defendant D, and Defendant E are members of the “F apartment reconstruction improvement project cooperative” which is promoting the redevelopment of the Seo-gu in Daegu-gu, and Defendant B is the husband of G of the said cooperative.

The "F apartment reconstruction improvement project cooperative" planned to submit a tender by January 14, 2019, and held a site site conference against construction companies wishing to participate in construction construction works on December 22, 2018, and seven construction companies, such as H Co., Ltd. and I participated in the said site site conference, and the members of the said cooperative are highly likely to select one of the two construction companies as a contractor.

On the other hand, the Ministry of Land, Infrastructure and Transport announced that construction companies participating in bidding for rebuilding improvement projects are unable to conduct individual publicity for their members and where individual publicity activities are discovered not less than three times, bidding will become null and void. Accordingly, the "F apartment rebuilding improvement project association" has established and circulated guidelines that construction companies participating in bidding cannot conduct individual publicity after the site site site site consultations, and where they violate this guidelines, bidding will become null and void. As such, construction companies participating in bidding after attending the site site meetings on December 22, 2018 were unable to conduct individual publicity against their members after the completion of the site site consultations.

However, until December 29, 2018, it was known that the “F apartment reconstruction improvement project cooperative” was aware that it could be subject to sanctions against the corporation I by notifying the corporation I of the detection of individual promotional facts three times, and that the Defendants, who would be the corporation I, will be deprived of the qualifications of the corporation I, so if it is discovered that H&A, which is a significant competitor, is also an individual public relations, the corporation will be able to maintain the eligibility of the corporation I.

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