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(영문) 청주지방법원 2018.12.07 2018고단798

건설산업기본법위반

Text

Defendant

A Imprisonment for four months, and Defendant B shall be punished by a fine of 5,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

[Criminal Records] Defendant A was sentenced to six months of imprisonment with prison labor at the Cheongju District Court on June 11, 2015 and two years of suspended execution, and the above judgment became final and conclusive on the 19th of the same month.

[2] The crime committed by Defendant A is a representative of Defendant B Co., Ltd. [former Trade Name: the Dispute Resolution Co., Ltd. and the Change Resolution: A] established for the purpose of civil engineering and construction.

A project owner shall subcontract a type of business corresponding to the details of construction works to a registered constructor, in consideration of the necessity of comprehensive planning, management, and coordination of construction works he/she intends to contract, technical characteristics of construction works, local conditions, etc., and the contractor shall subcontract the type of business corresponding to the details of construction works

Nevertheless,

1. On March 4, 2014, Defendant A entered into a construction contract with the Office of Education of Sejong-si and the Office of Education of the Republic of Korea to ensure the construction of three-dimensional E-type E-type E-type elementary school until February 27, 2015.

However, on July 10, 2014, the Defendant subcontracted the wood hold construction work to F, a non-registered business entity, which is not a construction business entity registered with the type of business corresponding to the construction work content.

2. Defendant B Co., Ltd., as a corporation of Defendant A, committed the same offense as that of Defendant A1.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. Accusation by a company violating the Framework Act on the Construction Industry, a written request for disposition of the Board of Audit and Inspection, notification of construction works related to audit results, a supply contract for goods and

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Defendants of Article 96 of the Framework Act on the Construction Industry: Article 96 and Article 25 (2) 2 of the Framework Act on the Construction Industry concerning criminal facts: Article 98 (2) of the Framework Act on the Construction Industry;

1. Defendant 1 who is selected to punish a punishment: Imprisonment;

1. Defendant 1 who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Defendant 1 of the suspension of execution: Article 62 (1) of the Criminal Act (the fact that there was no previous conviction or heavier than the suspension of execution, and the fact that he/she reflects on

1. Defendant 2 of the provisional payment order: Article 334 (1) of the Criminal Procedure Act;