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(영문) 서울중앙지방법원 2017.08.31 2017고단1803
건설산업기본법위반
Text

1. Defendant A’s imprisonment for eight months, Defendant B, C, D, and E’s imprisonment for six months, Defendant F’s imprisonment for ten months, and Defendant G.

Reasons

Punishment of the crime

Defendant

H Co., Ltd. (hereinafter “H”); Defendant J Co., Ltd. (hereinafter “H”); Defendant J Co., Ltd. (hereinafter “J”); Defendant J Co., Ltd. (hereinafter “Representative Director C”); Defendant K Co., Ltd. (hereinafter “K”); Defendant L Co., Ltd. (hereinafter “Representative E”); Defendant M Co., Ltd. (hereinafter “M”); Defendant M Co., Ltd. (hereinafter “M”); and V (hereinafter “V”) are corporations and business entities whose main business is to carry out the construction business of machinery and equipment; Defendant A is the H’s representative director; Defendant C’s representative director; Defendant C’s representative director; Defendant D’s representative director; Defendant D’s representative director; Defendant F’s representative director; Defendant F’s representative director; and Defendant G is those who hold office as representative director, respectively.

Defendant

A, B, C, D, E, and F, together with X operating W, agreed on the basic principles that, as a result of low price bid according to the lowest bidding method in the Y construction project, which is part of the public works ordered by the private construction company, there was a decrease in the construction profit due to low price bid according to the lowest bidding method, the bid price will be enhanced through collusion between competitors, and the low price bid price will be accepted without holding a competition. around October 2008, the Gangnam-gu Z hotel located in Seoul Metropolitan Government, formed a group of “A” with “A” at the Z hotel located in Gangnam-gu, Seoul, to prevent the construction company from setting the low bid price by submitting a estimate above a certain price at the time of requesting the “Y” estimate from the construction company, and agreed on the basic principles that the bid price is to be decided by reaching an agreement on the scheduled bid price and the bid price through the conference prior to the bidding date.

After such basic agreement, the above Defendants A, B, C, D, E, and F participated in collusion by inducing the participation in collusion even in the event that the above Defendant G, including (State) V operated by the Defendant G, who did not subscribe to the above “A”, participated in collusion.

Therefore, it is estimated that the tender will be made by sharing information on the estimated execution price submitted to the construction company through the prior conference of the bid date, and the tender will be made by estimating the estimated execution price submitted at the lowest price.

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