Defendant

Kim Tae-tae

Attorney Kim Young-jin et al., Counsel for the defendant-appellant

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where a defendant fails to pay the above fine, the defendant shall be confined in a workhouse for a period calculated by converting 50,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

The Defendant: (a) the representative director of Nonindicted Co. 1, Nonindicted Co. 2, Nonindicted Co. 3, Nonindicted Co. 4’s representative director, Nonindicted Co. 5’s representative director, and Nonindicted Co. 6’s director; (b) Nonindicted Co. 1 was a director of Nonindicted Co. 1, Dec. 10, 2004; (c) Nonindicted Co. 3 was on Jan. 10, 2005; and (d) Nonindicted Co. 7, Jan. 10, 2005, respectively, acquired the capacity to manufacture and sell voice inducement equipment with the certification of the Korea Telecommunications Technology Association as of Jul. 14, 2005, respectively.

The Defendant and Nonindicted 2, 4, and 6 agreed to jointly determine the bid price in advance before the bidding in order to avoid price competition in the “production and installation of voice inducing machine for visually impaired persons” bid, which is scheduled to be ordered by the Seoul Metropolitan Government Urban Railroad Corporation, and to jointly determine the successful bidder and distribute profits.

On August 22, 2005, between the defendant and the non-indicted 6, 2, and 4 from August 11:04 to November 11:1:2 of the same month, on August 12, 2005, the successful bid in the tender for the production and installation of the voice leading machine for visually impaired (electronic bidding through the national flag system of the Public Procurement Service) ordered by the non-indicted 3 corporation shall be awarded to the non-indicted 3 corporation, and the profits shall be divided into 1/4. The next successful bid shall be awarded to the three enterprises except the above non-indicted 3 corporation, and the remaining three enterprises except the above non-indicted 3 corporation shall be less than 10 million won, the remaining enterprises except the above non-indicted 3 corporation shall be more than 10 million won, the bidding price of the non-indicted 3 corporation operated by the defendant as KRW 9,700, 100, 1005, 1007: 106, 1067: 100.

1. Partial statement of the defendant;

1. The statements of Non-Indicted 2 and 6 in the second trial records

1. Each prosecutor's interrogation protocol concerning the defendant, non-indicted 2, 8, 6, and 4

1. The prosecutor’s statement concerning Nonindicted 9

1. A second resolution and examination report of the Fair Trade Commission;

1. Article applicable to criminal facts;

Articles 315 and 30 (Selection of Fine)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

It is so decided as per Disposition for the above reasons.

Judges Lee Jae-sik