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(영문) 대전지방법원 2017.06.21 2017고단738
건설산업기본법위반
Text

1. Defendant A

(a) The defendant shall be punished by imprisonment for six months;

(b)Provided, That the above sentence shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendants’ relevant Defendant A is the representative director of H (hereinafter “H”) and Defendant B is the head of H management department who actually performs the overall administrative affairs, such as administrative affairs, accounting affairs, and personnel management. Defendant C is a construction-related corporation established on February 13, 2012 by having been awarded a subcontract from H for a waterproof-related construction work, Defendant C is a waterproof-related construction work, Defendant E is a waterproof-related construction work, Defendant F is a lighting-related construction work, Defendant G is a construction-related corporation established on February 13, 2012 with a waterproof-related construction work as its main item.

Criminal facts

1. Defendant A’s sewage supplier is prohibited from re-subcontracting the subcontracted construction work to another person;

Nevertheless, on March 14, 2012, the Defendant was awarded a subcontract from the JJ to KRW 382,210,000 for the construction cost for the portion of the tidal waves among the Seo-gu New K construction works in Seo-gu Daejeon, Seo-gu, Daejeon, and around that time, the Defendant re-subcontracted the subcontracted construction work in the H office located in Seo-gu, Daejeon, to M, to M, to P, to P, to P, to P, to P, to P, to P, and to P, to the other person, for a total of 58 times from March 14, 2012 to May 20, 2016, including re-subcontracting to G, as shown in the attached list of crimes (1).

2. Defendant B

A. The Defendant, as described in Article 1-1(a) of the Framework Act on the Construction Industry, knew that H representative director A, in violation of the prohibition of sub-subcontracts, re-subcontracted a subcontracted construction work to an individual constructor by the J, etc., and received construction cost payment from the original office in relation to the re-subcontracts, and provided labor cost and labor cost-management duties, as well as made it easy for the Defendant to commit the said act by acting as an agent for work cost and tax-related documents.

(b) Assistance in violation of employment insurance laws.

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