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(영문) 청주지방법원 2017.05.25 2016고단2283 (1)

업무상과실치상

Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A fails to pay the above fine, it shall be prohibited.

Reasons

Punishment of the crime

Defendant

A as the representative director of B B, a person who has contracted for the installation of elevators at the construction site of the C Culture Center. Defendant B is a corporation established for the purpose of manufacturing elevators, installing elevators, etc., and Korea elevator is a corporation established for the purpose of repairing elevators, manufacturing elevators, manufacturing elevator parts, etc.

1. A supply and demand of a defendant shall subcontract to a constructor who has registered the type of business corresponding to the details of construction work;

On January 30, 2015, the Defendant concluded a contract to receive supply of KRW 149,339,220 to purchase elevators from buildings of the above C Cultural Center from the head of the country of the Korea Procurement Service and supply them until November 30, 2015.

Nevertheless, on June 2015, the Defendant: (a) subcontracted the construction work for the installation of Korean elevator and elevator to KRW 19 million for the construction work, without obtaining a license for the installation of elevator at the site of the police officer in order to do so; and (b) ordered the said (ju) Korean elevator to install the elevator in the building of the said C Cultural Center.

2. Defendant B, at the same time, and at the same place as indicated in the preceding paragraph, Defendant A, the employer of the Defendant, committed the above violation in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D or E;

1. Demand for and notification of installment delivery, and application of the Acts and subordinate statutes of subcontract agreement;

1. Relevant Article of the Act and Articles 98 (2), 96 subparagraph 4, and 25 (2) of the Framework Act on the Construction Industry for criminal facts and the Selection of Punishment;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendants recognized the mistakes and reflects the sentencing conditions under Article 51 of the Criminal Act; and (b) the punishment is determined as ordered by considering the factors for sentencing under Article 51 of the Criminal Act