Text
The judgment of the court below is reversed.
Defendant
A and B Imprisonment, one year and six months, and the defendant C and the corporation D, respectively.
Reasons
1. The summary of the grounds for appeal is too unreasonable since the sentence imposed by the lower court on the Defendants [Defendant A and B: one year and six months of imprisonment, Defendant C Co., Ltd. (hereinafter “C”) and Defendant D Co., Ltd. (hereinafter “D”): each fine of KRW 30 million].
2. The Defendants performed an important role by taking charge of the team leader in the process of collusion in the tendering process for government-funded construction works.
These crimes are likely to undermine the fairness of government-funded public tender, and they are not good enough to commit crimes, and they are likely to cause fraudulent construction works by encouraging lump sum subcontracting at all times.
The defendants' bid for the collusion in this case was systematically conducted over a long time, and the size is considerably large and a large number of times.
Defendant
A is more likely to be subject to criticism in that it has committed the crime of this case even though it has been punished for the same kind of crime.
However, the Defendants have shown an attitude to make a confession of all the crimes of this case and to reflect in depth the mistake.
In the case of the maintenance and maintenance of roads performed by the government-funded construction, bidding collusion under the same law has been conducted for a long time before the Defendants' participation in the industry. It seems that the Defendants were responsible for the role of team leader.
at the beginning of collusion due to the Defendants;
shall not be required to do so.
The instant bid consists of so-called limited minimum bidding methods, and the Defendants’ bid collusion was conducted with the aim of unfairly enhancing the successful bid price.
It is difficult to see that there is no economic loss suffered by the ordering entity due to bid collusion.
Defendants’ friendship want to take the Defendant’s wife.
These circumstances include Defendant A and B’s age, sexual conduct, environment, motive, means and consequence of the Defendants’ crime, and the circumstances after the crime, and all the sentencing conditions indicated in the instant records and arguments.