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(영문) 광주지방법원 2020.06.04 2019고단5590
건설산업기본법위반
Text

[Defendant A] The defendant shall be punished by a fine of three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. A contractor shall subcontract a type of business corresponding to the details of construction to a registered constructor;

Around July 2018, the Defendant, as the representative director of the Company B, subcontracted interior construction works among “H” construction works ordered by F Co., Ltd. to G in Gyeonggi-si, Inc., and re-subcontracted the construction cost of KRW 2.9 billion to F Co., Ltd., Ltd., which did not register the construction business.

2. Defendant B, the Defendant, at the time and place specified in paragraph (1), committed the same offense as that of paragraph (1) in relation to the Defendant’s business.

3. A person who intends to conduct defendant C construction business shall file for registration with the Minister of Land, Infrastructure and Transport by type of business prescribed by Presidential Decree;

The Defendant, without registering construction business, such as indoor construction works, at the date and place specified in paragraph (1), received a subcontract for light partitions and light-scale construction works, etc. among “H” construction works from “H” companies, for approximately KRW 2.9 billion of the construction cost, and carried out construction business by performing interior construction works, the construction cost of which is KRW 940 million from August 2018 to January 10, 2019.

4. Defendant D Co., Ltd. was a corporation established for the purpose of manufacturing, etc., and C, the representative of the Defendant, at the time and place specified in paragraph (3), committed a violation under paragraph (3).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement to J and K;

1. A written agreement on construction and a statement of accounts;

1. Application of each certified copy of register and business registration certificate statutes;

1. Article 96 subparag. 4 and Article 25(2) of the Framework Act on the Construction Industry 【Defendant A’s option of fine 【Article 98(2), Article 96 subparag. 4 and Article 25(2) of the Framework Act on the Construction Industry 【Defendant B’s option of fine 【Defendant C’s option of fine】 Articles 95-2 subparag. 1 and 9(1) of the Framework Act on the Construction Industry

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