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(영문) 서울남부지방법원 2015.02.25 2014고단4975
건설산업기본법위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

In tendering for a construction work, no person shall tendering at a manipulated price in collusion with other bidders for the purpose of making undue profits or impairing fair price-fixing.

From around May 31, 201 to May 31, 2011, the Defendant worked as the head of division and the head of division at the new business team of the company D with the nine floors of Seoul building in Gangnam-gu Seoul Metropolitan Government.

In accordance with the two-stage competition method according to the majority supplier contract system implemented by the Public Procurement Service from June 2008, the defendant had a duty to participate in the bidding of human beings according to the fair procedure that does not follow collusion and the reasonable proposal price.

Nevertheless, the Defendant, at the office of the new project team of the above D Building around March 2009, recruited to submit a proposal at a higher price than 96% (the proposal amount: 359,856,870 won) of the proposal rate with 97% (the proposal amount: 359,948,667 won) of the proposal amount to the Public Procurement Service. Ultimately, the Defendant participated in the tender at a price of 97% (the proposal amount: 359,948,67 won) of the proposal amount, which was ordered by the Jeonnam-gun-gun around the 6th of the same month, so that (i) would have another man-made sales company (i.e., (ii) and (ii) telephone-related persons (i.e., (ii) would have been awarded the above construction work, and (iii) would have been engaged in the construction work at a fair price of 2010 to December 28, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution (including the statement of H);

1. A copy of each protocol concerning the examination of suspect, or each protocol concerning the police examination;

1. Statement of each police station;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Relevant provisions concerning facts constituting an offense;

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