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(영문) 대전지방법원 서산지원 2014.05.16 2012고단1187

건설산업기본법위반

Text

Defendant

A Imprisonment with prison labor for six months, for fines of KRW 8,00,000, and for Defendant C, for eight months, respectively.

Reasons

Punishment of the crime

1. No defendant C 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 registration certificate or construction business registration pocketbook;

Nevertheless, around January 2010, the Defendant concluded a construction contract under the name of H Co., Ltd. under the name of H Co., Ltd. that he/she operates, and proposed to demand the payment of 3.5% of the construction price as license rental fees, and issued the said H’s employees and corporate passbook.

The Defendant, around February 23, 2010, entered into a contract for construction of a J-based factory at the I office located in the JJ of Chungcheongnam-gun, Chungcheongnam-do, the Defendant, using the above H’s name, made it possible to enter into a contract for construction of a new factory at the I office. The same year.

3.1. From around January 3

7. By the end of 30.3, the above H H Co., Ltd. used the name of the said H Co., Ltd. to construct the above factory.

Accordingly, the defendant had another person receive and execute construction works using his trade name.

2. B (trade name H Co., Ltd. before the change) Defendant is a corporation whose purpose is construction business, etc.

The representative director of the defendant C, at the same time and place as stated in Paragraph 1, had A receive and perform the construction work by using the defendant's trade name.

3. On February 23, 2010, Defendant A entered into a contract for the supply and demand of construction works for the construction of the J plant at the above office of the I Co., Ltd. I and Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, under the above H’s name, under the condition that, in entering into a contract for the construction works for the new construction of the J plant, Defendant A would pay 3.5% of the construction cost to C operating H Co., Ltd. as construction license rental fee, and

3.1. From around January 3

7. New construction of the above plant by using the above H’s name until 30.