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(영문) 부산지방법원 2016.10.06 2016고정627
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

The defendant actually operates F Co., Ltd. F (representative G) that carries on specialized fire-fighting system construction, electrical construction business, and construction and wholesale retail business of fire-fighting equipment in Busan Jin-gu, Busan, and the defendant A is a person who receives and executes electrical construction, etc. using the trade name of F Co., Ltd.

A stock company F is a construction business operator who registered his/her electrical construction business on December 2, 2013, and an electrical construction business operator shall not allow another person to receive or execute electrical construction by allowing another person to use his/her name or trade name.

Nevertheless, Defendant A entered into a supply contract for electrical construction, etc. with I who actually operates H around July 10, 2013, and with H, contractor: F, Corporation F, Corporation: Construction of J Housing Complex (electric, communications, fire fighting, and electrical construction), and construction site: Busan J on July 10, 2013: The date of completion: the date of completion: April 30, 2014; the contract amount of KRW 320,400,000; from around that time to September 2014; Defendant B executed electrical construction using the trade name of F on the same site; Defendant B used the trade name of F to perform electrical construction.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of a witness I;

1. Each prosecutor's protocol of examination of the defendant A and B;

1. A summary of the video recording record of the defendant A;

1. Standard contract agreements on private construction works, standard contract agreements on construction business, estimates, contracts for sale in lots, written agreements, and certificates of seal impression;

1. Application of business registration certificate, certificate of electrical construction business, certificate of fire-fighting system business or statute;

1. Article 42 of the Electrical Construction Business Act and Articles 42 subparagraph 3 and 10 of the same Act concerning the applicable criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Defendants of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”).

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