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(영문) 서울중앙지방법원 2020.08.11 2020고정438

건설산업기본법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000 (three million).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A is a person working as the site director of Defendant B Co., Ltd. (hereinafter referred to as “B”), and B is a corporation for the purpose of construction business, etc.

The contractor of construction works shall subcontract to a construction business operator who has registered the type of business corresponding to the details of construction works.

On November 16, 2016, the Defendant subcontracted the construction cost of KRW 160 million to H operating “G” a private business chain, which is not registered for the construction business, while performing the construction project for the E-works in Gangdong-gu Seoul Metropolitan Government and D under a contract with F Construction.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect of the defendant or H;

1. The application of the Acts and subordinate statutes governing an accusation, construction subcontract agreement, request for investigation cooperation and reply;

1. Article 96 subparagraph 4 of the Framework Act on the Construction Industry for the relevant criminal facts. Article 25 (Selection of Fine)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.