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Defendant
A shall be punished by a fine of 100,000,000 won, and Defendant B shall be punished by a fine of 20,000,000 won.
Defendant
B.
Reasons
Punishment of the crime
Defendant
A Co., Ltd. (hereinafter referred to as “A”) is a person who runs a construction business and is a business operator under subparagraph 1 of Article 2 of the Monopoly Regulation and Fair Trade Act.
Defendant
B From June 15, 2009 to December 31, 2010, it is a regular director in charge of business planning of the above A, who has been engaged in the affairs related to the bidding of the above A.
1. On October 6, 2009, Defendant B, as a bidder of H, proposed that H participate in the bidding as so-called so-called “H” so that A may be awarded a successful bid by calls from a bidder of H Co., Ltd. (hereinafter “H”) among December 2009, with respect to the “G business” bid publicly announced by the Korea Water Resources Corporation as KRW 192,030,000,000 in the budget amount of the construction work of the Korea Water Resources Corporation, Defendant B, as a bidder of H, proposed that H participate in the bidding to obtain a successful bid, and entered into an agreement with the said I to purchase four membership units of the golf course operated by H affiliated company of H to four billion won in order to preserve design cost, and the bid price is to be invested to approximately 90% compared to the budget amount of the said construction work.
Afterward, the Defendant and the above I agreed to enter into a bid agreement with the Korea Water Resources Corporation on December 21, 2009, in order to cover KRW 168,88,00,000, and KRW 172,795,000,000, which are 88.47% compared to the budget for the construction works ordered by the Korea Water Resources Corporation, and KRW 172,795,000,000, which are 89.98%, and entered into a contract with the Korea Water Resources Corporation on January 27, 2010.
Accordingly, the Defendant, in collusion with the above I, committed an act of unfairly restricting competition by determining the successful bidder, bid price, and other matters that constitute elements of the tender in collusion with other enterprisers, and at the same time, tendered at a manipulated price among bidders in competitive bidding with intent to gain unjust profit or to prevent fair price-fixing.
2. The defendant A is the same date and time as paragraph (1).