건설산업기본법위반
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. The Defendant (misunderstanding of facts and misapprehension of legal principles) delegated A with the conclusion of the instant contract to build the instant Blue Facilities, and ordered A to perform construction works by using the trade name of the limited company R (hereinafter “R”) operated by the Defendant, among which the Defendant subcontracted the construction works.
B. It is unfair that the prosecutor (unlawful in sentencing) of the lower court’s sentence (10,000,000 won in penalty) is too unhued and unreasonable.
2. No constructor shall have another person receive a supply of or execute any construction works by using his/her name or trade name;
Nevertheless, A was awarded a contract for the construction of B, C, D, E, andO (hereinafter “Defendant B, etc.”) for the construction of B, D, and Q, whose representative is entitled to receive a contract for the construction of metal structures and windows, due to the lack of a license for the construction of the said construction, and upon request from the Defendant, who is the representative director of R of the limited liability company, to obtain a contract for the construction of the said construction under the name of 50% of the proceeds of the construction, and upon receipt of the request from the 30th of August 31, 201 to 10,50,000 won in the name of the limited company related to B, from around 200,000, up to 67,000,000 won from D until 200,000 won, from supply and demand of the said construction to 30,010,000 won from the 30th of October 31, 2011.
Accordingly, the defendant had A receive a contract or execute a construction work using his trade name.
3. The lower court determined as follows: ① A received subsidies from the P Research Council to which B, C, D, and E belong, and received the supply of and demand for the installation of plastic houses (hereinafter “instant construction”) among the subsidized projects of the P Research Council to which A, C, D, and E belongs.