건설산업기본법위반
The judgment of the court below is reversed.
The Defendants are not guilty. The summary of the judgment of innocence is publicly notified.
1. The summary of the reasons for appeal is that the Defendants merely awarded a subcontract to F (I) for the civil engineering works on several parcels other than E on both sides of the contract, and do not lend a contract construction license.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
2. Determination
A. The summary of the facts charged in the instant case 1) Defendant A agreed to receive 4% of the construction cost from both sides of the instant case from May 23, 2011 to the end of May 2011 to receive a license for construction business (construction business) from F to ensure that F can carry out civil engineering works for all of the housing units on the outside side of the E, both sides of the case.
2) Defendant B Co., Ltd. (hereinafter “Defendant Company”) (hereinafter “Defendant Co., Ltd.”) leased a construction business license as a corporation for which A is a representative director, and A lent a construction business license as prescribed in paragraph (1).
B. The lower court determined as follows based on the evidence in its holding, i.e., ① according to the standard contract of the Civil Works Corporation (hereinafter “the instant construction project”) with respect to several parcels out of E on May 23, 201, the contracting party “J, the contractor, the contractor, and the contracting party I” as the contracting party “contractor J, the contractor, and the contracting party I,” and as the special terms and conditions provide that I are responsible for the defective construction works, delayed construction works, extension works, etc., and I are the actual contractor until the completion of the construction, and thus, all duties and progress are entered into with I.
The statement is made, and ③ H, a F’s employee, made a statement to prepare a subcontract agreement when he receives a subcontract in a fixed manner. Defendant A made a statement to the police that the instant construction was subcontracted by the Defendant Company.