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(영문) 의정부지방법원 2016.12.23 2016노2671

업무방해등

Text

The judgment below

Of them, the part on Defendant C and F Co., Ltd. shall be reversed.

Defendant

C. F Co., Ltd. shall be subject to each fine 1.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Framework Act on the Construction Industry due to the false submission of construction performance records, and each obstruction of business, Defendant A, the representative director of Defendant D Co., Ltd., directly performed U national highway construction works under the account and responsibility of Defendant D Co., Ltd., the judgment of the court below which found Defendant A guilty of this part of the facts charged was erroneous, or erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment. 2) As to the violation of the Framework Act on the Construction Industry due to the name lending, Defendant A, the representative director of Defendant D Co., Ltd, was awarded the contract for the instant sewage culvert construction with Defendant B, the representative director of Defendant D Co., Ltd., which is Defendant E Co., Ltd., and was awarded the contract for the instant sewage culvert construction, and the name of Defendant C to supply the instant sewage culvert construction using the name of Defendant D Co., Ltd.

B. Defendant B and E Co. 1) misunderstanding of facts or misunderstanding of legal principles, Defendant B, the representative director of Defendant E Co., Ltd., was awarded the contract for the instant sewage culvert construction by organizing a joint contractor with Defendant A, the representative director of Defendant D Co., Ltd., and did not lend the name to Defendant C for the supply and demand of the instant sewage culvert by using the name of Defendant E Co., Ltd., and on a different premise, the court below found Defendant C guilty of this part of the facts charged, which is erroneous in the misapprehension of legal principles, or in the misapprehension of legal principles, which affected the conclusion of the judgment. 2) Each punishment (5 million won

C. Defendant C and F Co., Ltd. were sentenced to Defendant C and F Co., Ltd.