beta
(영문) 부산지방법원 2015.10.07 2015고정555

건설산업기본법위반

Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendant

B, since the G Repair and Extension Works (hereinafter “instant Construction Works”) implemented by the said Foundation from E and F, the president of the D Foundation, did not appear two times, there was an intention to receive the said Construction Works by lending a construction license to the said Foundation, and as a expectation that the said Construction Work would be able to receive the construction works to be undertaken by the said Foundation when bidding the said construction work, it would be able to receive the said construction works from the said Foundation, the owner of the license for the interior construction business, who is the owner of the said construction business, in accordance with the construction contract conditions.

1. Defendant A is the representative director of H Co., Ltd. (hereinafter “H”).

A constructor shall not have another person receive a contract for or execute construction works by using his name or trade name, or shall not lend his construction registration certificate or construction registration pocketbook to another person. However, around December 15, 201, the Defendant received a contract for the construction works of this case from B as the Defendant’s construction business registration certificate and lent the construction business registration certificate under the name of H to the Electronic Tender Site of the Public Procurement Service upon request by the Defendant.

2. Defendant B, as described in the preceding paragraph, was permitted to use Defendant A’s trade name, as described in the preceding paragraph, and received the instant construction business registration certificate under the name of the said company and borrowed the instant construction business registration certificate.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness F, E, J, and K;

1. Statement of Investigation of Defendant A’s suspect (the standard contract for construction works to be attached, the standard contract for construction works (a modification), the content certification, each tax invoice, and a copy of passbook);

1. Application of Acts and subordinate statutes (No. 2014, 957);

1. The Defendants: Article 96 Subparag. 3 and Article 21 of the former Framework Act on the Construction Industry (Amended by Act No. 12580, May 14, 2014); and the choice of fines, respectively.

1. Detention at a workhouse;