하도급거래공정화에관한법률위반
The judgment of the court below is reversed.
The prosecution of this case is dismissed.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles 1) The Defendant is the former Act on Fair Transactions in Subcontracting (amended by Act No. 10475, Mar. 29, 2011; hereinafter “former Act on Fair Transactions in Subcontracting”).
(2) The instant legal provision does not apply to a principal contractor’s act of determining a subcontract price, which is not a “principal contractor,” and thus, is not subject to the application of the instant legal provision, which punishs the principal contractor’s act of deciding a subcontract price. 2) Even if the Defendant constitutes a “principal contractor,” the subcontract concluded by B corporation is based on the selective competitive bidding method, not a negotiated contract. Therefore
B. The lower court’s sentence of unreasonable sentencing (fine 10 million won) is too unreasonable.
2. Determination
A. The summary of the facts charged in this case is a person who is responsible for, managed, and operated a C Apartment Landscape Project and Facilities Installation Site ordered by the company B from the Daejeon District Headquarters of the Korea Land and Housing Corporation.
In the entrustment of construction, when a principal contractor concludes a subcontract by a private contract, the principal contractor shall not determine the subcontract price at a price lower than the aggregate of the values of direct construction expenses items without any justifiable grounds.
Nevertheless, around November 22, 2010, D, which had been the defendant and the representative director of the corporation B, concluded a subcontract with the victim F for food landscaping work (including planting and facility installation work) which the above company received from the Daejeon District Headquarters of the Korea Land and Housing Corporation the contract for KRW 1,450,896,000 for food landscaping work (including planting and facility installation work) at the above office located in the company office located in the Dongju-si, Daejeon District Headquarters of the Korea Land and Housing Corporation, and decided the subcontract price at KRW 465,242,00 below the total direct construction cost, such as material cost, labor cost, expenses, etc. for food repair work that the defendant and D received.
Accordingly, the defendant in collusion with D, thereby making unfair means to the subcontractor.