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(영문) 서울중앙지방법원 2015.05.15 2015노1037

건설산업기본법위반등

Text

The judgment below

Among the parts on Defendant Q and S, each part regarding Defendant Q and S shall be reversed.

Defendant

Q and S shall be punished by each fine of KRW 50 million.

Reasons

1. Summary of grounds for appeal;

A. In the case of the Defendants Company, the term “stock company” is omitted for convenience.

The punishment of the lower court against the Defendants (Defendant A, B, C, D, E, and F: each fine of KRW 150 million, each of the fines of KRW 70 million, Defendant G, H, I, J, K, L, M, M: each of the fines of KRW 70,000,000,000,000 for Defendant Q: imprisonment for one year, 2 years of suspension of execution, Defendant U, V, W, X, Z: each of the fines of KRW 20,000,000,000,000 won, Defendant AB, and fine of KRW 30,000,000) is too unreasonable.

B. Each sentence imposed by the prosecutor on Defendant G, H, I, J, K, L, M, N, U, V, W, X, Y, Z, AA, and AB is too unfased and unfair.

2. Determination

A. The project of this case, in collusion with Defendant A, B, C, D, E, F, G, H, I, J, K, L, M, and N, is a 13 construction work ordered by the Korea Rail Network Authority, and its size is very large and large national finance.

The damage caused by the collusion in this case is ultimately bound to be transferred to the people.

In particular, since Defendant A, B, C, D, E, and F among the Defendant Company were led by the first conspiracy of the instant collusion, the punishment corresponding to their role and degree of participation is inevitable.

Inasmuch as the remaining Defendants G, H, I, J, K, L, M, and N have been passively involved in the agreement between the above companies, the difference in the course of such collaborative participation shall be considered in sentencing.

On the other hand, comprehensively taking into account the characteristics of the bidding method of this case, the imposition of enormous penalty on the ground of the collusion of this case, the circumstances such as the defendant company's effort to commit an erroneous practice after this case, and other benefits obtained by the defendant company in this case, and the management situation of the defendant company, it is unreasonable that the court below's punishment imposed on the defendant A, B, C, D, E, and F is too unreasonable.

Each sentence imposed on Defendant G, H, I, J, K, L, M, or N is too much.