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(영문) 서울북부지방법원 2012.07.26 2012고정420

건설산업기본법위반

Text

Defendant

A A A The amount of a fine of KRW 4 million, the amount of a fine of KRW 5 million for Defendant B, the amount of a fine of KRW 3 million for Defendant C, and the amount of a fine of KRW 4 million for Defendant D.

Reasons

Punishment of the crime

1. Defendant A is the actual representative of Defendant D Co., Ltd., and Defendant B, who did not register his construction business on December 13, 2010, supplied and constructed a rooftop waterproof construction work in the name of D Co., Ltd., as described in paragraph (2).

Accordingly, the defendant lent the name of the upper defendant D Co., Ltd. to the upper defendant B.

2. Defendant B is running “I” in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, without registering construction business.

On December 13, 2010, the Defendant: (a) entered into a contract for the waterproof Construction Work of the school meal room that the Defendant agreed to pay an educational expense subsidy in the Jung-gu Office on condition that the construction company located at the Jung-gu Office entered into a contract with G elementary school on December 13, 2010; (b) completed the construction work by January 7, 201; and (c) received construction cost of KRW 2,1920,000 in the name of the Defendant D Co., Ltd. on March 19, 201.

As a result, the defendant runs a construction business without registering construction business, and was lent the name of the constructor.

3. On December 2, 2010, the Defendant: (a) requested the name lending of an enterprise that was registered in Jungran-gu from the Defendant B on the date of the foregoing date; (b) notified the Defendant’s father, his father, who was the Defendant’s father, of his intention; and (c) allowed the Defendant B to receive and perform the above construction work under the name of the Defendant D Co., Ltd. as described in paragraph (2).

Accordingly, the defendant arranged the lending of the construction business name of the defendant D Co., Ltd.

4. Defendant D Co., Ltd. lent the name of the construction business as described in paragraph A, a representative of the Defendant Co., Ltd., as to his business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Defendant A and B shall make each legal statement of the witness J and K, and part of L’s legal statement of the witness.