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(영문) 인천지방법원 2015.04.01 2014노4087
독점규제및공정거래에관한법률위반
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by a fine of five million won.

Defendant

A.

Reasons

1. Summary of grounds for appeal;

A. Defendant B Co., Ltd. (1) did not take part in an unfair collaborative act before February 16, 2007, prior to the mistake of facts.

(2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

B. The prosecutor Defendant A participated in unfair collaborative acts.

2. Determination

A. (1) Comprehensively taking account of the evidence duly adopted and examined by the lower court as to the Defendant B’s assertion, Defendant B corporation’s participation in the collaborative act related to the pumps from February 2, 2005, and thus, this part of the above Defendant’s assertion is without merit.

(2) In full view of the records of the instant case of unfair sentencing and all the sentencing conditions expressed in the arguments, the lower court’s punishment is too unreasonable.

B. As to the prosecutor’s assertion, Defendant A, through U.S. personnel in charge of bidding, determined in advance the lowest unit price for C et al.’s bidding service employees and the successful bidder-to-be and the actual bid price for C et al.’s fuel pumps at the Yeongdeungpo-gu Seoul Metropolitan Government O on April 1, 2008, and apportioned the successful bidder after the successful bid price to the enterprises that participated in the agreement, excluding the manufacturing cost, from the successful bid price.

“After agreement on successful bidders, successful bidders, and profit-sharing with the so-called profit allocation method, the Seoul Local Government Procurement Service participated in the underwater pumps purchase bid ordered by the Seoul Local Government Procurement Service on April 2, 2008 as well as the participation in the underwater pumps purchase bid ordered by March 25, 2009, and participated in the underwater pumps purchase bid ordered by the Public Procurement Service by March 25, 2009.

Accordingly, Defendant A committed a collaborative act that unfairly restricts competition by jointly determining, maintaining, or changing the price with other companies, by restricting the production of goods, and by restricting the transaction partner.

(2) The facts of recognition are examined in the lower court and the trial.

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