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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. Violation of the Framework Act on the Construction Industry relating to Dwork at a leisure time;
A. The Defendant is the head of the field office of D installation works performed by E Construction Co., Ltd. (hereinafter “D”) and F is the former office of E Construction that directs and supervises the Defendant’s work, and G Construction Co., Ltd. is a corporation established for the purpose of operating civil engineering works, etc. in Nam-gu, Gwangju (However, the trade name was changed on December 3, 2012 to I Construction Co., Ltd.) and J is a person who actually operates the said G Construction Co., Ltd. (I Construction).
B. Defendant, F, and J offered a subcontract to G Construction Co., Ltd. (I Construction Co., Ltd. after a mutual change) only in the form with respect to soil and reinforced concrete construction among the above D D construction, whose degree of progress is later than expected. However, Defendant, F, and J conspired to directly perform construction by using the name of G Construction Co., Ltd.
Although a constructor is prohibited from allowing another person to receive or perform construction works using his/her name or trade name, the constructor and G Construction Co., Ltd. received a supply of soil and reinforced concrete construction from the above D Construction at the construction site of the above D D at the time of leisure time around March 201, and had the Defendant perform construction works directly using the trade name of the G Construction Co., Ltd. from March 201 to February 201. The Defendant directly performed construction works using the trade name of the G Construction Co., Ltd. as above.
2. Violation of the Framework Act on the Construction Industry related to L general industrial complexes;
A. The Defendant is the site manager of L general industrial complex formation works performed by E Construction Co., Ltd. (hereinafter “L complex construction works”), and M Construction Co., Ltd is a corporation established for the purpose of performing civil engineering works, etc. in south N, and O actually operates the above M Construction Co., Ltd.