건설산업기본법위반
1. Defendant A shall be punished by a fine of KRW 5,000,000.
The above defendant did not pay the above fine.
Punishment of the crime
1. No defendant A constructor shall have another person receive a contract for or perform any construction works by using his/her name or trade name;
Nevertheless, the Defendant served as the representative director from around March 29, 2013 to around July 27, 2013, and was awarded a contract for “E Corporation” as ordered by the Si/Gun/Gu waterworks business office in the name of B around April 23, 2013. Around that time, the Defendant agreed to receive an amount equivalent to approximately 17% of the construction cost of the said construction work from G operating the F stock company as the lending fee. The Defendant had the said G perform the said construction work by using the trade name of the F stock company at the construction site located in Si/Gun/Gu from April 29, 2013 to July 27, 2013.
2. Defendant B Co., Ltd. was established for the purpose of water supply and sewerage construction business, and Defendant A, the representative of Defendant, committed a violation of the Framework Act on the Construction Industry concerning the Defendant’s business as described in paragraph (1).
Summary of Evidence
1. Defendants’ legal statement
1. The police statement of H;
1. Application of Acts and subordinate statutes to copies of E works documents;
1. Article 96 subparagraph 3 of the Framework Act on the Construction Industry and Article 21 (1) of the Act on the Construction Industry; Defendant B who selects a fine: Articles 98 (2), 96 subparagraph 3, and 21 (1) of the Framework Act on the Construction Industry;
1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Defendants of the provisional payment order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act - The defendants recognize their mistakes, Defendant A is the primary offender, and the balance between the same kind of case and the sentencing.