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(영문) 서울남부지방법원 2018.01.12 2016고정1798

건설산업기본법위반

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Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

(2016 High 1798) On June 20, 2014, the Defendant was sentenced to imprisonment with prison labor for two months and one year and six months, and the judgment was finalized on June 9, 2016. On November 17, 2016, the Seoul Southern District Court sentenced two years of imprisonment with prison labor for fraud, etc. and became final and conclusive on February 15, 2017.

The defendant is the representative director of the corporation B.

A constructor shall assign a construction engineer to a construction site for the execution management of construction works and other technical management.

Nevertheless, the Defendant did not assign a construction technician to the construction site from around October 11, 201 to the lower police officer of the same month while carrying out D construction works in the former Northwest-gun C around October 11, 201.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the police with respect to F;

1. Statement protocol with respect to G (two times);

1. Previous records: The defendant's legal statements, the results of confirmation of his previous records and previous records, and the application of each statute of the judgment;

1. Subparagraph 2 of Article 97 and Article 40 (1) of the Framework Act on the Construction Industry (Amended by Act No. 10719, May 24, 201) on criminal facts

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act (No. 2016 high court 1801);

1. The constructor of the facts charged in this case shall assign at least one engineer to a construction site for the execution management of a construction work and other technical management;

Nevertheless, on October 6, 2011, the Defendant received a subcontract for the part of the aggregate construction works for D construction works from H companies with respect to D construction works in the Northwest-gun C, the Defendant did not assign construction technicians at the construction site during the process of performing construction works from around that time to November 1, 201.

2. According to the records, the prosecution against the facts charged in the instant case was instituted prior to the institution of the prosecution.