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(영문) 대전지방법원 2020.04.29 2017고정1662 (1)
건설산업기본법위반
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Defendants shall be punished by a fine of five million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is the representative director of C Co., Ltd., and Defendant B is the manager of C Co., Ltd., and D is a person who receives and performs construction works such as multi-household houses in the name of C

1. On September 15, 2014, Defendants and D agreed to make the appearance of C corporation as if C corporation performed the said construction work by preparing a contract form in the name of C corporation with respect to the construction of a multi-household house (hereinafter “E corporation”) constructed in Gwangjin-gu Seoul Special Metropolitan City E (hereinafter “E corporation”), and D agreed to pay the amount equivalent to 4% of the total construction amount in the name of license rental fee for Defendant A and Defendant C corporation.

After all, Defendant A and Defendant B conspired to supply and perform construction works using the trade name of C Co., Ltd., and D supplied and performed construction works using the trade name of C Co., Ltd.

2. From July 17, 2015, Defendants and D agreed to make the appearance of C Company as if they were performing the said construction work by preparing a contract in the name of C Company with respect to the multi-household construction project performed by D in Gyeonggi-si F (hereinafter “F construction”), and registering D as an employee of C Company, and that D would pay 4% of the total construction amount as a license fee for the license loan for Defendant A and Defendant C Company.

After all, Defendant A and Defendant B conspired to supply and perform construction works using the trade name of C Co., Ltd., and Defendant D supplied and performed construction works using the trade name of C Co., Ltd.

Summary of Evidence

1. Defendants and G’s partial legal statement

1. Each legal statement of the witness H and D;

1. Statement of police statement related to G and H;

1. A written waiver of construction work (a statement of investigation records No. 52,80 pages);

1. A complaint;

1. Status of national pension subscribers;

1. Application of Acts and subordinate statutes for reporting investigations (defendants);

1. The pertinent provision of the Framework Act on the Construction Industry concerning criminal facts was enacted by Act No. 14708, Mar. 21, 2017.

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