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(영문) 대구지방법원 상주지원 2015.06.30 2015고정13
건설산업기본법위반
Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2 million.

Defendant

A above.

Reasons

Punishment of the crime

1. The defendant A is the representative of the corporation B.

A constructor may not subcontract all of the contracted construction works or most of the main parts prescribed by Presidential Decree to another constructor, but the Defendant, on June 27, 2012, ordered the construction works to be subcontracted to E in relation to D-Newly constructed facilities construction works (total construction cost of KRW 225,620,00) executed by the Ministry of National Defense at the 16th investment vehicle of the Air Force, U.S., the 16th investment vehicle of Gyeongcheon-gun, U.S., the 16th investment vehicle of the Ministry of National Defense.

2. Defendant B, a representative of the Defendant, committed the same offense as that of paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Partial statement of witness E (a statement that he/she had worked as a witness B);

1. Statement of the second protocol of interrogation of suspect E by the police officer (a statement that he was subcontracted to the Corporation by the accused);

1. One copy of the summary order (E does not pay wages to workers as a business owner who subcontracted a part different from the construction work as indicated in the judgment in the 16th M&A as stated in the judgment of F) (The defendants and the defense counsel denied the subcontract, but according to the evidence above, it is recognized that Defendant A, the representative of Defendant B, subcontracted to E) applies the law.

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

(a) Defendant A: Article 96 subparag. 4 of the Framework Act on the Construction Industry and Article 29(1) of the same Act;

(b) Defendant B: Article 98(2), Article 96 subparag. 4, and Article 29(1) of the Framework Act on the Construction Industry

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The grounds for sentencing under Article 334(1) of the Criminal Procedure Act have no record of criminal punishment against Defendant A; the Defendant’s age, character, conduct and environment; motive, means and consequence of the crime; and the conditions of sentencing as shown in the pleadings of the instant case, such as the circumstances after the crime.

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