건설산업기본법위반등
1. Defendant A shall be punished by imprisonment with prison labor for six months.
However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.
Punishment of the crime
1. No defendant A constructor shall have another person receive a contract for or perform any construction works by using his/her name or trade name;
From around July 15, 2005, the Defendant was a constructor who had been working as the representative director of the E Co., Ltd. located in Gyeyang-gu, Seoyang-si and operated the said company. On March 20, 2014, the Defendant awarded a contract for “H Nowon-gu Replacement Construction Work” under the name of E Co., Ltd., which was ordered at the water supply business office in Gyeyang-gu, Gyeyang-gu, Seoul. On March 20, 2014, the Defendant agreed to receive an amount equivalent to 17% of the construction cost (175,696,000 won) from B operating the F Co., Ltd. on March 2014, the Defendant agreed to receive an amount equivalent to 17% of the construction cost of the said construction work from around April 2014 to October 2014.
2. No person who is accused B shall supply or execute construction works by using the name or trade name of another constructor;
From February 10, 206 to October 201, the Defendant was working as the representative director of the F Co., Ltd. in Ansan-si, and on March 10, 2014, the Defendant agreed to pay the amount equivalent to 17% of the construction cost (175,696,000 won) to the representative director of the E Co., Ltd. in the construction company E Co., Ltd. who ordered the “H Day Replacement Construction Work” that was ordered by the water supply business office in Ansan-si. The Defendant performed the construction work using the trade name of E Co., Ltd. in the construction site in Ansan-si from April 2014 to October 2014.
3. Defendant D
(a) No constructor who has violated the Framework Act on the Construction Industry shall allow any other person to contract for or perform construction works by using his/her name or trade name, and no one shall arrange for such acts;
The Defendant served as a public official belonging to Ansan-si Waterworks Business Office from around March 1984, and retired from his office as a local governor on June 30, 2016, and the said waterworks business office around March 2014.