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(영문) 창원지방법원 2013.12.05 2013고정1320
건설산업기본법위반
Text

1. The defendant shall be punished by a fine of five million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

No constructor shall subcontract all of contracted construction works, or most of the important parts prescribed by Presidential Decree to another constructor.

Nevertheless, the Defendant, as the representative of B, subcontracted a reinforced concrete construction work among the “D construction work” performed in the Gyeong-gun, Gyeongnam-gun, Busan-gun, a party, and re-subcontracted to G on May 30, 2012, at the office B office, 512, Sungwon-gu, Sungwon-si, Sungwon-si, Sungwon-si, Seoul-si, the Defendant subcontracted it to “5% value added” and the site management expenses, etc. are directly treated.

Accordingly, the Defendant subcontracted all of the contracted construction work to another constructor.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Application of the standard subcontract agreement of construction works (E-B) and the Acts and subordinate statutes of the agreement;

1. Relevant Article of the Framework Act on the Construction Industry and Articles 96 subparagraph 4 and 29 (1) of the same Act concerning the selection of punishment for a crime;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.

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