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(영문) 수원지방법원 안양지원 2016.11.10 2016고단1410
건설산업기본법위반
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of five million won.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is a person who is working as a representative director in Sinpo City B from around 2005 to Sinpo City B, and Defendant B is a construction enterprise that operates the water supply and sewerage construction business.

1. No person who is a defendant A shall supply or execute construction works by using the name or trade name of another constructor;

A. From April 23, 2013 to July 27, 2013, the Defendant entered into an agreement with the representative director of a construction company, who ordered the said construction from the Si/Gun/Gu waterworks business office, to pay the amount equivalent to 17% of the construction cost in the name of the company’s representative director G. In accordance with the agreement, the Defendant carried out the said construction work using the trade name of the F company from April 29, 2013 to July 27, 2013.

B. On April 19, 2013, the Defendant entered into an agreement with K to pay an amount equivalent to 15% of the construction cost in the name of the representative director of J, a construction company, which ordered the said construction from the Si/Gun/Gu waterworks business office, in the form of a title trust agreement, at the construction site of “H Nowon-gu Replacement Construction Work” in Si/Gun/Gu. Under the agreement, the Defendant carried out the said construction work by using the trade name of J from April 25, 2013 to August 25, 2013.

2. Defendant B Co., Ltd. was established for the purpose of water supply and sewerage construction business, and Defendant A, the representative of Defendant, committed a violation of the Framework Act on the Construction Industry concerning the Defendant’s business as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Copies, etc. of G statements;

1. Investigation report (related to results from analysis of digital evidence B);

1. Application of Acts and subordinate statutes to certified corporate register;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 96 Subparag. 3 and Article 21 of the former Framework Act on the Construction Industry (Amended by Act No. 12580, May 14, 2014; hereinafter the same shall apply).

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