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(영문) 인천지방법원 2017.10.19 2017고정177

건설산업기본법위반

Text

Defendant

A, B, and D Co., Ltd. shall be punished by a fine of KRW 7,000,00, and Defendant C shall be punished by a fine of KRW 10,00,00.

Reasons

Punishment of the crime

Defendant

D Co., Ltd. is a corporation aimed at building construction business, etc.; Defendant A is a technical director of Defendant D Co., Ltd.; Defendant B is a person who serves as a management director of the said D Co., Ltd.; Defendant C is a person who engages in construction business; and J is a substantial manager of the K Co., Ltd.

1. No defendant A or constructor B shall have another person receive or perform construction works by making use of his/her name or trade name, or become the other party;

On May 2015, the Defendants received a proposal that if you lend D Co., Ltd’s comprehensive construction licenses from D Co., Ltd to D Co., Ltd, the amount of KRW 18 billion, which is 3% of the total construction cost, may be paid as commission, and accordingly, the Defendants made the D Co., Ltd’s business registration certificate and its affiliated technology to enable D Co., Ltd to carry out new construction works of Gangseo-gu Seoul Gangseo-gu L Co., Ltd’s trade name, and made J to report the commencement of construction by issuing Defendant A’s special class construction license.

As a result, the Defendants conspired to have another person carry out construction works by using his name or trade name.

2. Defendant C: (a) around May 2015, at an infinite area Seoul and below, Defendant C received a license from J that “it is not a license to obtain an infinite construction site; and (b) is eligible to obtain a license;

Three percent of the construction cost shall be paid as the fee.

See the word “”, as described in paragraph 1, the Defendant issued a construction business registration certificate, etc. of the D Co., Ltd. to which the Defendant belongs and had the J file a report on the commencement of the construction work, and had the J perform the said construction work, thereby arranging the constructor to perform the construction work using his name or trade name to another person.

3. Defendant D Co., Ltd.: (a) as indicated in paragraph (1) around May 2015, the constructor, who is the employee of the Defendant, and (b) of the Defendant, is another person with respect to the Defendant’s business.