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(영문) 광주지방법원 2013.10.04 2013노1025
건설산업기본법위반
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

1. The summary of the grounds for appeal by Defendant A is as follows: (a) Defendant A entered into a contract with an order to permit the painting construction of F Elementary School and G Elementary School upon Defendant B’s request; (b) each of the above corporations actually executed all of Defendant B; (c) the Defendants could have been able to be seen as commission for the name lending of construction business; (d) the Defendants did not submit a subcontract agreement prepared between the LA and Defendant B in the process of police investigation; and (e) the Defendants did not submit the agreement to the KA in the process of the lower court’s trial; and (e) the said agreement appears to be urgent because the agreement was different from the form used by LA and LA; (b) Defendant A lent the registration certificate in the name of LA to Defendant B; and (c) Defendant B violated the Framework Act on the Construction Industry by allowing the loan construction work. However, the judgment of the lower court acquitted the Defendants, by misapprehending the legal principles, and thereby adversely affecting the conclusion of the judgment.

2. Determination

A. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, prior to the judgment on the grounds for appeal by the prosecutor, the prosecutor examined the following: ① Article 96 subparag. 3 of the Framework Act on the Construction Industry (wholly amended by Act No. 10719, May 24, 201); ② Article 96 subparag. 4 of the former Framework Act on the Construction Industry (wholly amended by Act No. 10719, May 24, 201; hereinafter “former Framework Act on the Construction Industry”); ② Article 96 subparag. 4 and Article 29(1) of the former Framework Act on the Construction Industry applicable to Defendant A of the ancillary facts charged to Defendants “Article 96 subparag. 5 and Article 29(2) of the former Framework Act on the Construction Industry”; ③ Application for changes to the contents of the ancillary facts charged to Defendants as stated in the following criminal facts (see this judgment No. 4); and the judgment below was modified by this court’s permission.

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