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(영문) 인천지방법원 2014.06.18 2014고단2255

독점규제및공정거래에관한법률위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 15,00,000, and by a fine of KRW 80,000,000, respectively.

Defendant

A.

Reasons

Criminal facts

Defendant

A Co., Ltd. is a corporation for the purpose of construction business, etc. (hereinafter referred to as “B”), and Defendant A works as the head of the E-Business Group from January 2009 to the present date, and is a person in charge of the acquisition of construction information and business, etc. in the ordering site.

1. The extension of the F sewage treatment facilities, the extension of the F sewage treatment facilities, and the high-level sewage treatment facilities construction in collusion for the construction of the high-level sewage treatment facilities, were publicly announced through bidding around January 9, 2009 by the Korea Land Corporation as a project with the total project cost of 91 billion won promoted to prevent water pollution in public waters and to create a pleasant living environment, by treating and discharging the sewage generated within the G area in accordance with the relevant laws and regulations, including the Sewerage Act;

No enterpriser shall engage in any unfair collaborative act which determines matters such as successful bidder, successful bidder, bid price, successful bid price, successful bid price or successful bid price, or have any other enterpriser engage in such act jointly with another enterpriser by contract, agreement, resolution, or any other means.

A. Defendant A, on January 1, 2009, knew well to the police officer of H Co., Ltd. (hereinafter “H”) who was well aware of the first time in the early 2009, planned to participate in the tender for the extension and high-level treatment facilities construction ordered by the Korea Land Corporation. The Defendant “I will participate in the tender for the extension and high-level treatment facilities construction ordered by the Korea Land Corporation.” The above I agreed to the tender through the H’s executive board meeting.

Pursuant to the above agreement between B and H, the Minister of Justice of the Public Service Group J of the B around that time, from April 9, 2009, determined as the successful bidder by submitting a design prepared by H to obtain a lower design score than B while participating in the said construction project, and by making a bid to KRW 86,268,00,000, which is higher than B’s bid price, at KRW 85,540,000, which is higher than B’s bid price.

Accordingly, the defendant conspireds with the above I.

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