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(영문) 수원지방법원 2013.08.21 2013고정1657

건설산업기본법위반

Text

Defendants shall be punished by a fine of KRW 1,500,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

B The corporation is a corporation established for the purpose of construction business, and the defendant A is the actual representative director of the corporation B.

1. On September 26, 201, Defendant A entered into a contract with D companies that did not register the boundary stone and block packaging construction business among the Suwon-si Road Maintenance Works, which was ordered by Suwon-si Office at Suwon-si (hereinafter referred to as Suwon-si) on an unclaimed land (hereinafter referred to as “C”), and entered into a subcontract with D companies that did not register the boundary stone and block packaging construction business.

2. As to the Defendant’s business, A, the actual representative director of the Defendant, was in violation of the foregoing paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol of the accused and E;

1. A written accusation;

1. Application of Acts and subordinate statutes to investigation reports, investigation reports (verification of the place of subcontract), and investigation reports by a subcontractor;

1. Defendant A: Articles 96 subparag. 5 and 29(2) of the former Framework Act on the Construction Industry (Amended by Act No. 10719, May 24, 201; hereinafter the same shall apply) on criminal facts: Articles 98(2), 96 subparag. 5 and 29(2) of the former Framework Act on the Construction Industry

1. Defendant A who is selected to impose a fine;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act