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(영문) 대전지방법원 홍성지원 2018.02.01 2017고정143

건설산업기본법위반

Text

Defendants shall be punished by a fine of KRW 3,000,000.

If the Defendants did not pay each of the above fines, 100.

Reasons

Punishment of the crime

Defendant

A is the representative of E Co., Ltd. who entered into a subcontract with D for the steel and concrete construction work in the extension work of C High School Practice, and Defendant B is the actual operator of E Co., Ltd. who directly performed the subcontracted steel concrete construction work by E Co., Ltd.

1. No defendant A constructor shall allow any third person to contract or perform construction works by using his/her name or trade name, or lend his/her construction business registration certificate or construction business registration pocket book to any third person;

Nevertheless, on March 23, 2015, the Defendant leased a license to the F F's operator B to engage in the steel-related concrete work for extension of the C High School Practice, which entered into a subcontract with D on March 23, 2015, and caused E to perform subcontracted work.

2. Defendant B obtained a license from Defendant E, a company, from the date and time stated in the preceding paragraph, and performed the extension work of the practice room of the above C High School subcontracted by Defendant E until August 2015.

Summary of Evidence

1. Defendants and G’ respective legal statements

1. Protocols concerning the interrogation of suspects by the prosecution against the Defendants;

1. Statement made by the police with H;

1. A written accusation;

1. Submission of a written notification of steel-replace concrete subcontracting;

1. The case of reporting the termination of the contract of the steel-reinforced concrete enterprise (E);

1. A written agreement for settlement of accounts;

1. Application of Acts and subordinate statutes to a copy of passbook A, and shareholder list;

1. Article 96 of the Framework Act on the Construction Industry and Article 21 of the same Act concerning criminal facts and the selection of fines for each type of crime;

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

1. Judgment on the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act of each of the Criminal Procedure Act in the provisional payment order

1. Defendants and the defense counsel’s arguments are partners of Co., Ltd. E (hereinafter “E”), and Defendant A is in the process of extending the practice room in C High School and concrete.