beta
(영문) 울산지방법원 2013.08.22 2012고정1272

건설산업기본법위반

Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) is a company established for the purpose of the steel structure construction business, etc., and Defendant A is the representative of

Korean hydroelectric Energy Co., Ltd. awarded contracts for E and F main works to two industries (hereinafter referred to as "two industries"), and the two industries subcontracted the installation of steel frame and main works among the above construction works to the defendant company on September 28, 2010.

1. No defendant A subcontractor shall further subcontract his subcontracted construction work to any other person;

Nevertheless, Defendant A, the representative of Defendant A, at the construction site located in Ulsan-gun G around September 2010, re-subcontracted the building itself of the power plant located in the FGB during the FM installation work (the building itself of the power plant that supplies and develops a steam produced in a nuclear reactor; hereinafter the key construction; hereinafter the same shall apply) to H, Inc. I (hereinafter referred to as “I”), which is operated by H, to have I perform the work, and paid approximately KRW 64,018,713 (except for the amount directly paid by the Defendant Company to the related enterprises).

2. The Defendant Company, as its representative, re-subcontracted part of the construction works subcontracted from two industries, as described in paragraph 1, to I in connection with the Defendant Company’s business.

Summary of Evidence

1. Each legal statement of the witness J, K, L, M and N;

1. Each police statement made to J, K, H, L, M, andO;

1. Each statement of P, N, and K;

1. A copy of the equipment use contract (I: Q);

1. A specification of transactions;

1. Application of Acts and subordinate statutes to each investigation report and documents attached thereto (Evidence Nos. 7, 9, 16, 18, 26, 52, 53);

1. Defendants of relevant legal provisions on criminal facts: Articles 98(2), 96 subparag. 5, and 29(4) of the former Framework Act on the Construction Industry (Amended by Act No. 10719, May 24, 201)

1. Defendant A who is selected to impose a fine;

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

1. Defendants of the provisional payment order.