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(영문) 서울중앙지방법원 2016.01.12 2015고단6091

건설산업기본법위반

Text

Defendant

A KRW 10 million, Defendant B is punished by a fine of KRW 7 million, and Defendant C is punished by a fine of KRW 40 million.

Reasons

Punishment of the crime

Defendant

A from January 2009, he/she has been in office as an executive officer in charge of civil engineering works (or superior officer) of C from around January 2009, and has been in charge of duties such as ordering civil engineering works and business, and from March 2012, he/she has been in office as an executive officer in charge of designing overseas soil construction headquarters from around March 2012.

Defendant

B From January 2010, D is an executive officer of D's Civil Engineering and Environment Headquarters (or a superior officer) and the head of the Civil Engineering and Technology Team. A person who is in charge of duties such as ordering civil engineering works and business, etc. from January 2014 to January 2014 is a person who is in charge of duties such as executive officer of the Civil Engineering and Environment Headquarters (executive Director).

Defendant

C (hereinafter referred to as “C”) and Defendant D (hereinafter referred to as “D”) respectively constitute a corporation engaged in construction business under Article 2 subparagraph 1 of the Monopoly Regulation and Fair Trade Act.

1. No tendering at a manipulated price in collusion with other bidders for the purpose of making undue profits or interfering with fair price-fixing in tendering procedure for a joint crime committed by Defendant A or B;

The Korea Rural Community Corporation shall, as part of the "4 large river galone project", increase the low volume of the embankment of agricultural reservoirs and send a large quantity of water to the river.

On August 11, 2010, a plan to improve water quality was formulated and a bid was announced by ordering construction works to enhance agricultural reservoir banks (1-4 tools).

C and D, each of which was publicly announced through the internal review process around that time, are intended for K construction O reservoirs, P reservoirs, Q reservoir, etc. of the estimated construction amounting to KRW 47.5 billion among the above construction works for which tender was publicly announced.

b) decided to participate in tendering.

With respect to the order of the above K construction works, Defendant A and Defendant B, a person in charge of C, agreed to exclude price competition in order to prevent the decline in the successful bid price due to price competition on October 2010, and agreed to participate in the above K construction works only by design competition, and the contents of the agreement.