건설산업기본법위반
The defendant's appeal is dismissed.
1. A Co., Ltd. with the gist of the grounds for appeal is that the company run by R, which is the defendant's own, is not an operator of the above company, but an employee engaged in business activities, and the defendant's new construction of the loan of this case through I. However, although the defendant's execution of the new construction of the loan of this case through I, it was merely an illegal use of the name of the above company by deceiving E
2. Determination:
A. The following facts are acknowledged according to the evidence duly adopted and examined by the court below.
(1) K and six other owners (hereinafter “owners”) decided to spawn existing Ba in Songpa-gu Seoul Metropolitan Government G and H and build a multi-household housing (hereinafter “instant Ba”) on the said land.
The project owners received E from S representative L to construction business operators, and E intended to subcontract the instant construction project to F, but F did not meet the qualification requirements for registration of construction business.
F was known to the general public and known to the public.
J through the introduction of I related to A Co., Ltd. (hereinafter referred to as “A”).
(2) On September 30, 2013, K and E representing the owner, L drafted a joint implementation contract for the instant new loan construction project (hereinafter “self-contract”) around September 30, 2013.
According to the above contract, the owner of the building agreed to pay approximately KRW 1 billion as construction cost by paying KRW 300 million to one household of 51.97 square meters and two households of 44.88 square meters, which are newly constructed as the construction cost of the instant loan, as the substitute and paying KRW 300 million in cash.
At the time of the above contract, E entered into the above contract with the owner and L as the contractor while carrying out the contract as the representative of A.
(3) On November 12, 2013, E and F drafted a standard subcontract agreement for construction works with respect to the instant new loan construction works.
The above contract shall be executed by E as an agent, and the subcontractor shall be written as F, and the F shall be executed with the construction cost of KRW 60 million.