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(영문) 부산지방법원 동부지원 2018.05.18 2018고정184

건설산업기본법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A supplier shall subcontract his/her business to a constructor who has registered the type of business corresponding to the details of construction.

On June 13, 2016, the Defendant, the representative of B (L) who is the constructor, subcontracted the amount of KRW 1,595,00,000 to F and G, who is not the constructor, after receiving a supply of and demand for steel reinforced concrete works equivalent to KRW 2,035,660,00 among the “E projects” that was ordered by the Construction Headquarters of Busan Metropolitan City and D (State).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes on the written agreement of execution participants;

1. Relevant Article of a crime, subparagraph 4 of Article 96 and Article 25 (2) of the Framework Act on the Construction Industry Selection of Punishment, and Selection of fines for a crime;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;