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(영문) 울산지방법원 2018.11.30 2018고단2905

건설산업기본법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is the representative director of the corporation B.

A contractor shall subcontract the type of business corresponding to the details of construction to a registered constructor.

On December 19, 2016, the Defendant entered into a contract for construction works with a contractor C on December 19, 2016, with a subcontractor D and E on the construction of new living facilities near the ground, and entered into a contract to subcontract the entire construction works in the instant case on December 20, 2016 to F, a construction business entity without registration.

Accordingly, the defendant awarded a subcontract to a person other than the registered constructor.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including part concerning the C confrontation);

1. Statement made by each prosecution with respect to G and H;

1. Each standard contract for private construction works (Evidence Nos. 5, 6, 11, 31, 33 of evidence);

1. Application of each investigation report (the No. 20,21, 37, and 38 of the evidence list), each internal investigation report (the No. 12,13 of the evidence list), and each internal investigation report (the evidence list No. 12

1. Subparagraph 4 of Article 96 and Article 25 (2) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017) concerning criminal facts

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;