The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal did not err in the misapprehension of legal principles as to the facts charged, since the Defendant participated in the unfair collaborative act.

2. Determination

A. A. Around April 1, 2008, through U.S. personnel in charge of tendering, the Defendant agreed to the successful bidder and the actual bid price to be produced at the lowest unit price for C Co., Ltd. and the actual bid price to be determined at the lowest unit price for C Co., Ltd. at 500 meters old and the successful bidder after the successful bid was awarded to the participating company after the successful bid was awarded, by means of a so-called profit distribution system, that the successful bidder, successful bid price, and profit distribution are allocated to the participating company after the successful bid was awarded. On April 2, 2008, the Defendant participated in the free bid from among the number ordered by the Seoul Local Government Procurement Service until March 25, 2009, including the participation in the successful bid bid price, successful bid price, and profit distribution, and participated in the free bid purchase from among the number ordered by the Public Procurement Service.

Accordingly, the Defendant committed a collaborative act that unfairly restricts competition by jointly determining, maintaining, or changing the price with other companies, by restricting the production of goods, and by restricting the other party to the transaction.

B. The lower court rendered a judgment that acquitted of the facts charged in the instant case on the following grounds.

1) If the defendant reached the above agreement on April 1, 2008, the possibility that the defendant did not reach an agreement as described in the above facts charged on April 1, 2008 in that there was no difference in the bid amount between the defendant and Jinjin Co., Ltd. in the process of purchasing pumps from among the water ordered by the Seoul Regional Procurement Service on April 2, 2008.

2) In addition, on April 2, 2008, the Defendant received a successful bid in the purchase of pumps from among the water ordered by the Seoul Regional Public Procurement Service, and then is in the industry at the request of another same kind of enterprise.