logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.01.17 2018고정154
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 10,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A is the representative director of B Co., Ltd. (hereinafter “B”) for the purpose of building construction business, etc., and B was awarded a contract for “C (hereinafter “C”)” from Jeonnam-do, Jeonsung-do around December 11, 2013.

On December 18, 2013, the Defendant entered into a contract between B office located in Gwangju Mine-gu, and F and F that “B shall specify and subcontract the instant construction work to E with the cost of construction KRW 300,000,000,000 and October 11, 2014,” and subcontracted most of the main parts of the contracted construction work to another constructor.

2. A, the representative of Defendant B Co., Ltd., subcontracted most of the main parts of the contracted construction work as described in paragraph (1) to another constructor.

Summary of Evidence

1. The defendant A's partial statement

1. Legal statement of witness F;

1. The suspect interrogation protocol of Defendant A by the public prosecutor;

1. Statement made by the police of the F;

1. An agreement;

1. Application of Acts and subordinate statutes on construction business registration certificates;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 98(2), 96 subparag. 4, and 29(1) of the Framework Act on the Construction Industry;

1. Defendant A who is selected to impose a fine;

1. Judgment on the assertion by the defense counsel under Articles 70(1) and 69(2) of the Criminal Act

1. The main defense counsel asserts that the part of the civil works in this case is subcontracted to E, and the part of the fire-fighting system installation work is subcontracted to G Co., Ltd., respectively.

2. Determination

(a) The proviso of Article 29(1) of the Framework Act on the Construction Industry shall apply to the planning, management and adjustment of the contracted construction work by a constructor as prescribed by Presidential Decree.

arrow