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(영문) 대전지방법원 2019.02.15 2018고정681

입찰방해

Text

Defendant shall be punished by a fine of KRW 50,000,000.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

Defendant

A(Representative B) is a corporate entity established for the purpose of producing and selling geological research equipment, and the accusation was exempted in accordance with the voluntary report system under the Monopoly Regulation and Fair Trade Act.

(Representative D, hereinafter referred to as the "C") is a legal entity that is established for the purpose of wholesale and retailing CCTV.

An enterpriser shall not enter into an agreement that unfairly limits competition by determining the successful bidder, successful bidder, bid price, successful bid price or successful bid price, the ratio of successful bid or successful bid price, the method of design or construction, and other matters that constitute competition factors in bidding or auction in collaboration with other enterprisers by contract, agreement, resolution or any other method and shall not enter into an agreement that unfairly limits competition.

Nevertheless, in participating in the “F” bidding ordered by E around 201, the Defendant’s representative director B proposed to the effect that, in order to prevent the decline of the contract price, there was no participation in the bidding related to G prior to the said bidding, as well as that there was no expertise or equipment related to G, the Defendant would give a subcontract for construction work incidental to telecommunications in the form of “the participation in the bidding” on the side of C without any expertise or equipment related to G.

Accordingly, the Defendant agreed to the so-called “A” between C and C, stating that “C shall participate in the bid with the bid proposal prepared by the Defendant and the bid amount as determined by the Defendant.”

After that, from April 12, 201 to May 22, 2013, the Defendant participated in the nine G-related tender ordered by E, H, I, and J, as shown in the attached list of crimes, and implemented an agreement by having C prepare a bid proposal and to notify the bid price.

Summary of Evidence

1. The defendant's representative director B's legal statement;

1. Each prosecutor's statement of D, K, L, B, and M;

1. Monopoly Regulation and Fair Trade Act;