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(영문) 서울중앙지방법원 2012.08.14 2011고단5612
독점규제및공정거래에관한법률위반
Text

Defendant shall be punished by a fine of KRW 100,000,000.

Reasons

Punishment of the crime

Defendant

A is a corporation established for the purpose of civil engineering, construction, etc.

No business operator shall agree with other business operators to jointly restrict competition by determining successful bidders or determining the price of bidding, etc.

Defendant

On April 208, 2008, the executive director C in charge of domestic business of the company called "F" to the director F who is the team leader of the public business team of the E company at the office of Jongno-gu Seoul Metropolitan Government D's office, and proposed that E corporation will participate in the joint subcontractor after organizing a consortium so that the defendant company can award a successful bid to the Daegu City G collective housing construction corporation announced by the Public Procurement Service (hereinafter "the Construction Project"), and the F agreed to this.

C Around July 18, 2008, the Defendant Company called F at the same office and made a bid at the rate of 99% compared to the estimated amount, E Co., Ltd. demanded to make a bid at the rate of 97% compared to the estimated amount, and F consented thereto.

Defendant

On July 22, 2008, the Company constituted a consortium with H Co., Ltd. and invested at KRW 129,246,00,000, the estimated amount of which is equivalent to 99.60% as agreed in advance with E Co., Ltd., and E Co., Ltd formed an I and consortium with E Co., Ltd., and invested at KRW 126,392,000,000, the estimated amount of which is equivalent to 97.40% as agreed in advance with the Defendant Co., Ltd., thereby winning the contract.

As a result, Defendant Company conducted unfair collaborative acts by jointly determining successful bidder and bid price with Defendant E Company.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness J;

1. Statement of witness F in the second protocol of the trial;

1. Statement by the prosecution against C;

1. The examination report and tender for construction works by the Fair Trade Commission;

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