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(영문) 수원지방법원 안산지원 2015.11.12 2015고정1339

건설산업기본법위반

Text

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

Defendant

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

Reasons

Punishment of the crime

Defendant

A In light of light, a person who operates B (B) Co., Ltd. in 601, and Defendant B (B) Co., Ltd. is a corporation which has obtained a construction license such as earth and sand and steel crate construction.

1. No person who is the defendant A shall further subcontract the subcontracted construction work to another person;

Nevertheless, on April 11, 2014, the Defendant violated the subcontract restriction regulations by having G companies (H) perform the construction work at KRW 426,80,00,00 of the total construction cost for the second portion of the subcontracted construction work at the B office in Suwon-si, Inc., Ltd., and at KRW 426,80,000.

2. Defendant B Co., Ltd. committed the above violation of the Framework Act on the Construction Industry against Defendant A, the representative director of the Defendant at the above date and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police officers of H, I, and J;

1. Application of the respective Acts and subordinate statutes in the agreement of the Working Group and the contract statement;

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

A. Defendant A: Article 96 subparag. 4 of the Framework Act on the Construction Industry, the main sentence of Article 29(3), and the selection of fines

(b) Defendant B: the main sentence of Article 98(2), Article 96 subparag. 4, and the main sentence of Article 29(3) of the Framework Act on the Construction Industry

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

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.