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(영문) 대법원 2011.12.08 2010도8169

건설산업기본법위반

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The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

Reasons

We examine the grounds of appeal.

1. (1) The summary of the facts charged in this case is that, although the constructor could not subcontract all of the contracted construction works or most of the main parts as determined by the Presidential Decree to another constructor, the defendant Company, the representative director of the defendant Company B (hereinafter referred to as the "defendant Company"), who is the defendant Company, was awarded a contract with the defendant Company for the total construction cost of KRW 8.215.63 million from Leecheon-si around December 28, 2005 to H Co., Ltd. (hereinafter referred to as the "G Corporation") with the total construction cost of KRW 5.1 billion around March 27, 2006. The defendant Company, the representative director of the defendant Company, committed the above violations in relation to the defendant Company's business.

(2) On the basis of the evidence adopted by the first instance court, the Defendant Company entered into a subcontract agreement with H on March 14, 2006, with the content of subcontracting to KRW 1,450,273,00, structure construction work, KRW 601,073,141,00, and KRW 647,141,00, respectively. On March 27, 2006, it entered into a subcontract agreement with H on the content of subcontracting to KRW 600,94,850, and KRW 600,94,850 among the instant construction work; ② The representative director entered into the subcontract with the head of the field office entrusted by the Defendant Company as to the instant construction work, structure construction, and subcontractor construction work, including the amount initially determined at the time of the initial estimate and fixed at KRW 5,100,00,00,000, KRW 271,400,75,00,00,00.