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(영문) 대구지방법원 2017.02.03 2015고정1542

건설산업기본법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of the C& corporation established for the purpose of civil engineering and construction work contract business.

On April 2014, the Defendant had F obtain a construction business license of the said C C C C C C C C C C C C C C C C C C C C C C C C C C C E with a total floor area of KRW 2,881.68 square meters, which is the total floor area of the said F C C C C C, from the building owner, and leased it to F, and had the said F F construct the “H building” with a total floor area of KRW 2,881.68 square meters, which is the building owner.

Accordingly, the defendant had the above F execute the construction work using the name or trade name of the above C Co., Ltd.

Summary of Evidence

1. Part of the defendant's legal statements;

1. Part of each legal statement of witness F, G, and E;

1. A copy of each protocol concerning the examination of suspects by the prosecution against F (including parts of each statement by the defendant, E, G, No. 18, 19);

1. A copy of the protocol concerning the examination of suspect regarding F (including the part concerning the statement of the accused, No. 14th number of evidence);

1. Application of the Acts and subordinate statutes governing construction works of H buildings, a copy of the standard contract for construction works, a copy of the standard contract, a copy of the document verifying the order for construction works, a transcript of recording, a copy of the document verifying the contents of the written order for construction works, construction, large-scale repair, permission for change of use, estimates, career certificates of construction engineers, notification of suspension of removal of buildings, standard contract for construction works, special agreement on construction works of H

1. Relevant Article of a crime and subparagraph 3 of Article 96 of the Framework Act on the Construction Industry Selection of Punishment and Articles 21 of the same Act;

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

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. A special agreement entered into between the defendant and his defense counsel's assertion F in writing (Evidence List No. 3) was entered later by F at will, and it was entered later by F, and the Corporation in this case was actually executed by C in the form of a dispute resolution committee, and F merely did not lend its name to the site warden.

2.F.