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(영문) 대법원 2015.12.24 2015도5858
사기등
Text

All appeals are dismissed.

Reasons

1. We examine Defendant V and W’s appeal.

Defendant

V and W did not submit a statement of grounds for appeal within the statutory period, and the petition of appeal does not include the grounds for appeal.

2. Defendant A, AB, R, and AF Company’s grounds of appeal (to the extent of supplement in case of supplemental appellate briefs not timely filed) are examined together.

Prior to the amendment by Act No. 10719, May 24, 2011, to promote the proper execution of construction works and the sound development of the construction industry.

(a) The same shall apply;

(i)in light of the relevant provisions of the above Acts, which strictly provide for the criteria for license and registration of construction business in order to achieve this purpose and the legislative purport of the Framework Act on the Construction Industry, and also provide for the strict criteria for license and registration of construction business, and whose essential core content is that a person who is not a licensed or registered constructor is not able to engage in construction business, it shall be prohibited by the former Framework Act on the Construction Industry and Article 21 of the Framework Act on the Construction Industry (hereinafter referred to

(i)It is reasonable to interpret that another person’s act as a constructor with qualification using his name or trade name and agrees or understood to use his name or trade name for the same purpose even though he knows that he is to receive or perform construction works. It is also reasonable to interpret that all or part of the contracted construction works in the name of any other person (hereinafter referred to as “contractor”).

Even if this is performed, if the constructor has been supplied with the intention to substantially participate in the construction work and has been actually involved in the construction work, it cannot be viewed as the name lending.

Here, the constructor is actually executing the construction work.

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