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(영문) 서울남부지방법원 2017.02.02 2015고정2100

건설산업기본법위반

Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

B A Co., Ltd. is a constructor who conducts civil engineering construction business under the Framework Act on the Construction Industry as a company that operates civil engineering and construction business, and Defendant A is a representative director of the above company.

1. No defendant A constructor shall subcontract all of contracted construction works, or most of the major parts prescribed by Presidential Decree to another constructor;

On July 3, 2013, the Defendant was selected from the Korea Land and Housing Corporation as the representative company of the Gangnam-gu Seoul Gangnam-gu F New Construction Corporation and awarded a contract for the said construction. However, on August 3, 2013, the Defendant subcontracted all of the new construction works to H at the office of the said B Co., Ltd., Ltd. to the first police officer.

2. Defendant B, a representative, subcontracted all of the construction works he contracted to another constructor by the construction business operator, as set forth in paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Part concerning the statement of the accused in the suspect examination protocol concerning G (in particular, 324 pages of the investigation records);

1. Application of Acts and subordinate statutes in the protocol of statements made by the prosecution to I;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 96 subparag. 4 of the Framework Act on the Construction Industry and Article 29 subparag. 1 (Selection of Penalty)

(b) Defendant B: Article 98(2), Article 96 subparag. 4, and Article 29(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: Article 334(1) of the Criminal Procedure Act