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(영문) 수원지방법원 안양지원 2019.08.30 2019고정11
독점규제및공정거래에관한법률위반
Text

Defendant shall be punished by a fine of KRW 80,000,000.

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

Reasons

Punishment of the crime

The Defendant, as a corporation that runs the business of manufacturing and selling electric wires for ship use, etc., failed to reach an agreement on the scheduled bid price and the bid price through prior communication among the parties in charge of the tender in order to prevent the decline in the successful bid price in the participation in the C Electric Cable Purchase Tender announced by the tender around February 6, 2013 and the D Electric Cable Purchase Tender announced by the tender around June 27, 2013.

Around February 6, 2013, the Defendant’s bid-related staff member agreed that the Defendant would receive the bid price in the bidding of e-mail and E Co., Ltd. (hereinafter “E”) in currency with the tender-related staff of E Co., Ltd. (hereinafter “E”) who received the e-mail requesting the submission of a quotation for bidding for the purchase of the electric wires C from B, and that E would have designated the bid price to be actually invested.

E, according to the above prior agreement between the defendant and the defendant on February 15, 2013, the defendant was selected as the successful bidder by submitting a bid price of KRW 1,703,709,270, higher than the defendant's bid price of KRW 1,781,101,293, and the defendant's bid price of KRW 1,549,541,474, higher than the defendant's bid price of KRW 1,649,961,871 when submitting the second tender estimate around March 6, 2013.

In addition, the Defendant and E participated in the bidding two times from around that time to July 1, 2013, such as the list of crimes in the attached Table, and the Defendant was selected as the successful bidder.

Accordingly, the Defendant committed an act of unfairly restricting competition by determining the successful bidder and bid price in advance at a ship-use electric cable purchase bid ordered by B jointly with E in connection with the Defendant’s business.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning F and G;

1. Part of the prosecutor’s statement with H is written.

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