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(영문) 서울중앙지방법원 2019.05.09 2018고단3047
독점규제및공정거래에관한법률위반
Text

Defendant shall be punished by a fine of KRW 80 million.

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

In this case.

Reasons

Punishment of the crime

Defendant

A (Representative B, Defendant 2), and C Co., Ltd. (former representative D, from December 200 to September 25, 2014) are corporations engaged in electrical construction business, etc., and F is a person who takes overall charge of the business affairs related to the bidding of Defendant Co., Ltd during the period when Defendant Co., Ltd. is in office as a managing director (from April 1, 2005 to December 21, 2014). G is a person who performs the business affairs related to the bidding of Defendant Co., Ltd. while he/she is in office as the head of the technical business team of C Co., Ltd. (201 to December 2014).

No enterpriser shall engage in any unfair collaborative act which determines matters such as successful bidder, successful bidder, bid price, successful bid price, successful bid price or successful bid price, or have any other enterpriser engage in such act jointly with another enterpriser by contract, agreement, resolution, or any other means.

1. Basic fact-finding electronic transmission device is a device that controls and displays signal control equipment on the spot using computers in order to ensure the safe and prompt operation of trains in the trains and the entrance and replacement of vehicles, such as signal apparatus, line transformation apparatus, track circuit, etc. in a mechanical or electrical way;

The Korea Railroad Corporation has selected successful bidders through the examination system of qualifications for the above electronic smoke system. The evaluation items are classified into two categories: ① the supply capacity of the relevant goods (45 points) and ② the bidding price (55 points). The results of the examination are below the estimated price, and the order of priority is given in the order of bidders, and the examination of qualifications is conducted, and the final successful bidders are determined if the comprehensive score is 85 points or more in accordance with the detailed guidelines for the examination of qualifications for the purchase of the Korea Railroad Corporation's goods.

2. On May 16, 201, the executive director of Defendant Company F of the facts constituting the crime at the Korea Railroad Corporation around 14 calendars such as H station, etc. reported the defects of the notice of bid to purchase electronic transmission devices at C.

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