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(영문) 대전지방법원 2012.06.08 2011고정2879
건설산업기본법위반
Text

Defendants shall be punished by a fine of two million won.

Defendant

A and B fail to pay the above fine, respectively.

Reasons

Punishment of the crime

E is the actual owner who acquired the building and completed the construction of the building from H when the construction was suspended while the construction was being subcontracted from G during the construction of multi-family housing with a total floor area of 701.28 square meters in the F in Chungcheongnam-dong, Chungcheongnam-do (hereinafter referred to as “this building”) and the owner who leased KRW 300 million to E as the price for acquiring the building of this building, and the owner who transferred the building of this building under the name of the building owner as the collateral, the defendant C is the comprehensive construction company for civil engineering and construction business, and the defendant B is the representative director of the corporation C.

1. Defendant A, along with Defendant E, agreed to revise the construction design of the instant building from the third to the fourth floor in order to enhance profitability. In this case, upon the need for a comprehensive construction license, Defendant C’s representative director C, which is Cho Jong-soo Co., Ltd., agreed to borrow his trade name from the third to fourth floor.

Accordingly, on August 2009, the Defendant had E construct the instant building using the trade name of C in the J Industrial History Office run by himself, which was located in Daejeon Seo-gu, Daejeon.

As a result, the defendant assisted E to perform construction works using the trade name of another constructor.

2. Defendant B had, at the time and place specified in paragraph 1, E construct the instant building by using the trade name of Defendant C Co., Ltd.

3. Defendant C Co., Ltd. had the representative director B perform construction works using his trade name with respect to the Defendant’s business as described in paragraph (2).

Summary of Evidence

1. Legal statement of witness E;

1. suspect interrogation protocol for prosecution E and police suspect interrogation protocol;

1. Each police statement of K and L;

1. Application of Acts and subordinate statutes to file a petition, written confirmation, or written report on the change of construction participants (construction contractors-C);

1. Relevant Article of the Act and the choice of punishment for the crime A and B: each Framework Act on the Construction Industry shall be applicable on May 24, 2011.

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