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(영문) 서울남부지방법원 2016.12.14 2016고정734

건설산업기본법위반

Text

Defendant

A shall be punished by a fine of KRW 2 million, each of which shall be punished by a fine of KRW 1 million in Defendant B and D.

Defendant

A. A.

Reasons

Punishment of the crime

No constructor shall have another person receive a contract for or execute construction works by using his/her name or trade name, or lend his/her construction business registration certificate or construction business registration pocketbook.

1. The public-private partnership Defendants E and Defendant D decided to construct a primary complex building on the first and seventh ground level underground in Geumcheon-gu Seoul Metropolitan Government F. On April 2, 2014, G Co., Ltd. (hereinafter “G”) was mutually changed into “C Co., Ltd.” on April 2, 2014, and mutually changed into “Co. B” on May 6, 2015.

The government proposed to execute construction business registration certificate by borrowing it.

Thus, around November 2013, the Defendants agreed to obtain a construction business registration certificate from G offices in Yangcheon-gu Seoul Metropolitan Government H 4 to use the trade name of G and to pay A KRW 67 million in return.

The Defendants conspired to register E as an intra-company director around January 27, 2014 in accordance with the foregoing agreement, and subsequently leased the registration certificate of G construction business. From March 2014 to July 2, 2014, the Defendants performed the construction of the instant multi-company building with the trade name between G and July 2, 2014.

2. Defendant A is the person who has overall control over the company affairs while working as the president of the C Co., Ltd. (former Co., Ltd. B and previous Co., Ltd.) in Yangcheon-gu Seoul Metropolitan Government H 4.

On January 27, 2014, in accordance with the foregoing agreement, the Defendant registered E as a company director of G in accordance with the foregoing agreement at the same time and place, and lent G construction business registration certificate to E and D, and had Geumcheon-gu Seoul perform the construction work of constructing a primary complex building on the first and seventh floor from March 2, 2014 to July 2, 2014.

3. Defendant B, at the time and place in paragraph (2), lent the Defendant’s registration certificate to E and D with respect to its business at the time and place of the Defendant’s representative, thereby committing the same violation as described in paragraph (2).

Summary of Evidence

1. Each part of the defendants.