beta
(영문) 광주지방법원 목포지원 2014.11.11 2014고단1507

건설산업기본법위반

Text

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

Defendant

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

Reasons

Punishment of the crime

1. Defendant A is the representative director of a stock company B (hereinafter “B”) with the location of the Seoul High-Gun Seoul High-gun (hereinafter “Seoul High-gun”).

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

On February 22, 2011, the Defendant awarded a contract for D Repair Work in KRW 272,347,756, which was ordered by the Newanan-gun, and subcontracted all of the above work to F representative Director of E, a limited liability company E, at the office of the Haan-gun on February 22, 2011.

B. On March 25, 2013, the Defendant awarded a bid for G repair work ordered by the Newanan-gun to KRW 575,957,00,00, and subcontracted all of the said work to the 373,840,476, at the office of the Haan-gun on March 25, 2013.

2. Defendant B is a corporation established for the purpose of steel reinforced and concrete construction, and stoneworks construction.

The defendant, who is the representative director of the defendant, has subcontracted the defendant's business at each time and place specified in paragraph (1) in relation to the defendant's business.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. - The letter of execution of construction works (the side contract), - the statement of accounts, - the notice of successful bidder, - the letter of contract for construction works (the pressurized D Supplementary Works), - the notification of the conclusion of contracts for construction

1. The pertinent Article of criminal facts and the Defendant A who selected a sentence: B before the former Framework Act on the Construction Industry was amended by Act No. 10719, May 24, 2011;

(a) The same shall apply;

(A) Article 96 Subparag. 5 and Article 29(1)(a)(i.e., the date of sale).

Article 96 subparagraph 4 of the Framework Act on the Construction Industry, Article 29 (1) (1-b) of the Act on the Construction Industry.

Defendant B: (2), Article 98(5), Article 96 subparag. 5, and Article 29(1)(1) of the former Framework Act on the Construction Industry at the time of sale).

Article 98(2) of the Framework Act on the Construction Industry, Article 96(4), and Article 29.