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(영문) 대전지방법원 2013.04.25 2012고정2018

하도급거래공정화에관한법률위반

Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who has been responsible for and managed and operated at C Apartment Landscape and Facilities Installation Site ordered by the Daejeon District Headquarters of the Korea Land and Housing Corporation from the company B.

In the entrustment of construction, when a principal contractor concludes a subcontract by a private contract, the principal contractor shall not determine the subcontract price at a price lower than the aggregate of the values of direct construction expenses items without any justifiable grounds.

Nevertheless, around November 22, 2010, D, which had been the defendant and the representative director of the corporation B, concluded a subcontract with the victim F for food landscaping work (including planting and facility installation work) which the above company received from the Daejeon District Headquarters of the Korea Land and Housing Corporation the contract for KRW 1,450,896,000 for food landscaping work (including planting and facility installation work) at the above office located in the company office located in the Dongju-si, Daejeon District Headquarters of the Korea Land and Housing Corporation, and decided the subcontract price at KRW 465,242,00 below the total direct construction cost, such as material cost, labor cost, expenses, etc. for food repair work that the defendant and D received.

Accordingly, the defendant, in collusion with D, decided the subcontract price at a remarkably lower level than the price to be paid generally by using improper means.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. A protocol of the examination of suspect against each of the accused by the prosecution (including the F substitute part of the examination);

1. Statement of each prosecutorial statement concerning F and G;

1. An investigation report, a criminal investigation report (report attached to reference materials), and a criminal investigation report (report on telephone conversations with reference witnesses and telephone conversations);

1. Standard subcontract agreement (food works, provisional contracts) for private construction works, standard subcontract agreement for private construction works (facilities works, provisional contracts), and standard subcontract agreement for construction works (food works, provisional contracts);

1. Application of Acts and subordinate statutes, such as a written contract for construction works (investigative records No. 381);

1. The relevant Article of the Criminal Act and the Fair Transactions in Subcontracting Act concerning the selection of punishment;