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Defendant
A A Company shall be punished by a fine of KRW 50 million, and Defendant B shall be punished by a fine of KRW 7 million, and Defendant C and D shall be punished by a fine of KRW 10 million.
Reasons
Punishment of the crime
1. Based facts, Defendant A Co., Ltd. (hereinafter “A”) is a person engaged in a construction business and falls under a business entity under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act. Defendant B is the head of the above business entity, who is in charge of bid-related affairs of the said company, Defendant C is the standing director of the business entity team of the said company, who is a N Co., Ltd. (hereinafter “N”), Defendant C is a person in charge of bid-related affairs of the said company, and Defendant D is the head of the headquarters of the domestic business entity of the said company (hereinafter “O”).
2. Defendant D had been sentenced to a suspended sentence of two years on February 14, 2014 at the Seoul Central District Court on February 6, 2014, due to a violation of the Framework Act on the Construction Industry and a obstruction of bidding, and on February 14, 2014, the said judgment became final and conclusive.
3. Criminal facts;
A. On Nov. 30, 2009, Defendants B, C, and D agreed that the Korea Rail Network Authority publicly announced the “P” bid as the construction cost of KRW 249,665,00,000 on Jul. 30, 2009, in order to prevent the decline in the successful bid price due to competition through mutual telephone contact, and agreed that the bid price will be set at a level of approximately 80% compared to the design price proposed by the Korea Rail Network Authority, which is the ordering authority, and A will be reflected at a lower level than 2%p than other companies.
After all, on November 6, 2009, the Defendants under surveillance as to whether they are projected in accordance with the agreement by sending each employee to other companies, and as of December 24, 2009, A entered into a tender consultation agreement with the Korea Rail Network Authority on a bid price of KRW 200,601,50,000 in comparison with the projected price of KRW 82.53% in comparison with the projected price of KRW 204,714,40,000 in comparison with the projected price of KRW 84.22% in comparison with the projected price of KRW 204,710,000 in comparison with the projected price of KRW 84.22% in comparison with the projected price of KRW 204,710,000 in advance.
Accordingly, the Defendants conspired to make unfair profits or to interfere with fair price-fixing.