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Defendant shall be punished by a fine of KRW 10,000,000.
In order to order the provisional payment of an amount equivalent to the above fine.
Reasons
Punishment of the crime
The defendant is a corporation established for the purpose of providing consulting services on computer facilities.
Although the business entity does not engage in any act that unfairly restricts competition jointly with other business entities by determining successful bidders or determining the price of bidding, the business entity of the Defendant Company’s SI business department E participated in the “F” ordered by the Seoul Olympic Winter Games Foundation (hereinafter “the instant Corporation”), and agreed with the head of GI business headquarters to participate in the bidding on May 22, 2012 in lieu of the technical proposal, bid price, and publication data of G Co., Ltd. (hereinafter “G”) and to participate in the bidding on behalf of the Defendant Company.
E and H given that: (a) from May 24, 2012 to June 26, 2012, G’s performance certificate, price calculation statement, etc. were given and received via e-mail; (b) E drafted, instead of the bid price (1,482,00,000 won), the price calculation statement, technical proposal, and publication data included in G’s bidding price; and (c) deliver them to H; and (d) require H to enter the bid price in the website bidding system of the Public Procurement Service on May 29, 2012; and (e) submit the documents of G from the instant Public Service to the Private Service; (b) ultimately, around May 30, 2012, the Defendant Company, who presented the bid price of KRW 1,47,30,00,00, was first selected as the subject of preferential negotiation; and (c) concluded the instant service contract and the instant F Service contract (1,407,700,700,000 won) around June 13.
Accordingly, the defendant committed an act that unfairly restricts competition with the defendant's business by employees E.
Summary of Evidence
1. Protocol concerning the interrogation of suspects of E by the prosecution;
1. Statement made by the prosecution with regard to H;
1. A written accusation;
1. Examination report (2017 note 0372);
1. The determination of deliberation (2017-093) the application of statutes;
1. The relevant Article of the Monopoly Regulation and Fair Trade Act concerning criminal facts;