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(영문) 서울중앙지방법원 2012.06.20 2012고단626
건설산업기본법위반
Text

Defendant

A Imprisonment of one year and six months, Defendant B’s fine of KRW 15,00,000, and Defendant C Company’s fine of KRW 30,000.

Reasons

Punishment of the crime

1. Defendant A and Defendant B, from January 2005, are the representative director of C Co., Ltd., an affiliate company of the so-called “I” group, which is called the so-called M&D company within the facility repair and reinforcement industry, and have overall control over the business affairs of the C Co., Ltd., which is the six affiliate companies of the “I” group, including J and K Co., Ltd., and have overall control over the bidding affairs of the “I” group. Defendant B is the director of the C Co., Ltd., and L is the director of the construction division of the “I” group and the representative director of J., which is the affiliate company.

No one shall make a tender at a manipulated price in advance in collusion with other bidders for the purpose of making undue profits in bidding of construction works or impairing fair price-fixing, and shall interfere with tenders of other constructors by fraudulent means.

Nevertheless, Defendant A divided various facilities repair and reinforcement works ordered by Seoul Metropolitan Government, etc. during the pertinent year through the initial consultation with the actual operators and bidders of ten groups, including “M”, “N”, “O”, “P, Q, “R”, “S”, “T”, “U”, and “V”, which are different main storage companies within the facilities repair and reinforcement industry. However, when an electronic bid is conducted through the Public Procurement Service’s website after being ordered each year, Defendant A estimated the successful bid price under the initiative of the main storage company, 200 items of bid price and 400 items of bid price, 20 items of bid price, 400 items of bid price under the initiative of the main storage company, which were pre-determined at a certain time, and had the aforementioned main storage company enter into the bid at the price as above, and if the pertinent construction is led by another affiliated company or its affiliated company, one of the successful bidding companies led by the successful bidding company or its affiliated company.

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