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(영문) 대구지방법원 2018.10.19 2018노503
건설산업기본법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. With respect to the violation of the Framework Act on Construction Industry due to misunderstanding of the facts or misapprehension of the legal principles (defendants), Defendant A entrusted the landscaping construction work (hereinafter “instant landscaping work”) among the new construction work to be newly built at C high school (hereinafter “E”), and Defendant A did not merely lend the construction license to Defendant A, but ordered the financial director P to enter into a subcontract for the instant landscaping work with G Co., Ltd. (hereinafter “G”) and the instant construction work, and dispatched the managing director M to the site of the construction site to the site of the construction site to make a survey and make a proposal for the change thereof.

Defendant

A amended the contents of the landscaping work, the C High School Foundation approved by the C High School Foundation, and E concluded a subcontract for the landscaping work in this case and appointed M as a site warden on the premise that the contents of the landscaping work will be changed, and M and E made efforts to change the landscaping work by visiting the construction site for about one month, but the C High School Foundation Council has waived the construction work on the wind to reject the above change on the ground that the construction cost is high. Therefore, E should be deemed to have been actually involved in the landscaping work in this case.

Furthermore, Defendant A did not have the ability to implement the instant landscaping construction, and it is merely the supply of trees for the instant landscaping construction work to Defendant B. Therefore, the lower judgment that recognized Defendant B as lending the name of the constructor E to Defendant A is unreasonable.

B. Sentencing (Defendant A) Sentencing (the penalty amount of KRW 3 million) sentenced by the lower court is too unreasonable.

2. Determination

A. Determination on the Defendants’ misunderstanding of facts or misapprehension of legal principles 1) Article 21 of the Framework Act on Construction Industry prohibits “other.”

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