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(영문) 광주지방법원 목포지원 2014.11.10 2014고정463

건설산업기본법위반

Text

Defendants shall be punished by a fine of four million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A is the representative director of the defendant B corporation, the purpose of which is water supply and sewerage construction business, reinforced concrete construction business, etc. in Mayang-si.

1. No defendant A constructor shall subcontract all of contracted construction works, or most of the major parts prescribed by Presidential Decree to another constructor;

On November 25, 2009, the Defendant awarded a bid for KRW 132,200,000,000, the “D Corporation” that was ordered by Naju on November 25, 2009, and around that time, the Defendant subcontracted all of the D Corporation to E (Representative F) in the office of B Co., Ltd. with KRW 9,190,000,000.

2. The representative director of the defendant B, the defendant Eul corporation, committed the same act as the defendant's business set forth in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. The police statement concerning F;

1. A statement of accounts (Evidence No. 29 pages of evidence) of the DNA Corporation (the first minute);

1. A statement of accounts (Evidence No. 30 pages of evidence) of the DNA Corporation (the second minute);

1. Copy of corporate register:

1. - Trading “G” account in the name of E No. 33 pages of evidence

1. - Application of Acts and subordinate statutes of construction contract (Evidence No. 61 pages)

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 96 Subparag. 5 and Article 29(1) of the former Framework Act on the Construction Industry (Amended by Act No. 10719, May 24, 201) (Selection of Fines)

B. Defendant B corporation: Articles 98(2), 96 subparag. 5, and 29(1) of the former Framework Act on the Construction Industry (Amended by Act No. 10719, May 24, 201)

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act