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(영문) 창원지방법원 2017.08.03 2017고단1075
건설산업기본법위반
Text

Defendant

A KRW 7 million, Defendant B Co., Ltd. shall be punished by a fine of KRW 5 million, and Defendant C shall be punished by a fine of KRW 6 million.

Reasons

Punishment of the crime

Defendant

A is the representative director of the B Co., Ltd. on the second floor of the Masan-si E market in Changwon-si, and Defendant B Co., Ltd. is a corporation established for the purpose of construction business, and Defendant C is a person who carries on construction business under the trade name of F.

1. No defendant A constructor shall allow another person to contract or perform construction works by using his/her name or trade name or lend his/her construction business registration certificate or construction business registration pocket book to another person;

Nevertheless, around October 27, 2014, the Defendant used the trade name of the B Co., Ltd. in the office of the said B Co., Ltd., and had C perform the new construction of G commercial building in the window of Changwon-si.

2. Defendant B Co., Ltd., as stated in the above paragraph (1), had A, the representative director of the Defendant, performed the construction work using the Defendant’s trade name to another person.

3. No defendant C shall supply or demand construction works, or perform construction works by using the trade name of another constructor;

On October 27, 2014, the Defendant borrowed the trade name of the B Co., Ltd. from the Defendant at the office of the said B Co., Ltd. and performed the new construction of the G Building at the window of Changwon-si.

Summary of Evidence

1. Defendant C’s legal statement

1. The defendant A's partial statement

1. The legal statement of the witness C;

1. Each investigation report (No. 9, 12, 19, 20, 26)

1. Certification of subscription to the National Pension Scheme, a statement of expenses, and a witness statement;

1. A and C: Article 96 subparag. 3 of the Framework Act on the Construction Industry and Article 21 (Selection of Fines): Articles 98 (2), 96 subparag. 3 and 21 of the Framework Act on the Construction Industry;

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

1. Defendants of the provisional payment order: The Defendants did not have any record of being punished for the same kind of crime with the same reason for sentencing under Article 334(1) of the Criminal Procedure Act; the degree of reflection; and the details of each of the instant crimes.

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