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(영문) 서울중앙지방법원 2016.03.18 2015노4803
독점규제및공정거래에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (150 million won in penalty) against the Defendant as to the summary of the grounds for appeal is unreasonable as it is too unfasible.

2. The instant case is a case in which the Defendant, as the largest shareholder of the domestic market share of the portable butane gas product B and each representative director of the C Co., Ltd., at least 70% in total, agreed to increase or decrease the prices of each portable butane product in several years with competitors. Such collusion is not only an act that undermines free competition pursued by our society, but also an act that may directly affect the daily lives of ordinary people, and there is a need for strict punishment as well as a matter that may directly affect the daily lives of ordinary people, and the need for such punishment has ceased solely on the ground that the Fair Trade Commission’s Fair Trade Commission imposed a maximum amount of penalty on each of the above

shall not be deemed to exist.

On the other hand, the act of collusion in this case led L, which became the most difficult situation due to excessive blood competition among the middle-class competition companies in 2007 and rapid increase in raw materials prices, led by L, which became the most difficult situation. The defendant only participated in the above collaborative act and did not perform a leading role. The defendant has no particular criminal record, the defendant does not have any particular criminal record, and other matters such as the motive and background of the crime in this case, circumstances before and after the crime in this case, degree of damage, and the defendant's age, sexual behavior, environment, etc., the punishment of the court below against the defendant does not seem to be unfair as it is proper and too far.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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