건설산업기본법위반
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is as follows: E Co., Ltd. (hereinafter “E”) has already subcontracted the e-mail installation work among the coastal road works received from Samk-si who is the ordering person (hereinafter “E”); and C has prepared E-mail contract under the name of D (hereinafter “D”) operated by the Defendant to receive direct payment from the third time of the subcontract price, and only the Defendant has permitted it.
Since the subcontracted construction of this case does not require a license for the installation of landscaping facilities in light of the scale of the construction, C does not have a license for the construction business in order to supply the subcontracted construction of this case.
Therefore, such a case does not constitute a nominal lending prohibited by Article 21 of the former Framework Act on the Construction Industry (amended by Act No. 10719, May 24, 201; hereinafter “former Framework Act on the Construction Industry”).
Nevertheless, the lower court found the Defendant guilty of the facts charged of this case. In so determining, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. The former Framework Act on the Construction Industry prohibits a constructor from lending his/her construction business registration certificate or construction business registration pocket book as well as a case where the constructor allows another person to receive or execute construction works by using his/her name or trade name.
Comprehensively taking account of each evidence duly admitted and examined by the court below, C does not prepare a contract under the name of D to perform the subcontracted project of this case under the supply of the subcontracted project of this case from E and not use the construction business registration certificate, but the defendant can recognize that C lent the construction business registration certificate of D operated by the defendant to C in order to enable C to receive the subcontract price directly.