Text
Defendants shall be punished by a fine of KRW 5,000,000.
Defendant
A fails to pay the above fine; 50.
Reasons
Punishment of the crime
1. Defendant A is a constructor who operates the said company as the representative director of B Co., Ltd. (formerly: C Co.) that completed the registration of construction business.
No constructor shall allow another person to perform construction works by using his/her name or trade name or lend his/her construction business registration certificate to another person.
Nevertheless, on August 2, 2012, the Defendant had another person perform construction works using the trade name of the said C Co., Ltd. from that time to January 15, 2013, including, from that time, the Defendant received KRW 1 million from the contractor for new construction works of multi-family housing in Gwangju City, using the trade name of the C Co., Ltd., and had him perform the said construction works.
2. Defendant B Co., Ltd. (formerly, C Co., Ltd.) is a corporation established for the purpose of civil engineering, construction work, etc. and completed registration of construction business.
The Defendant, as the representative of the Defendant, had another person perform construction works using the trade name of C Co., Ltd. in connection with the Defendant’s business at the same time and place as the foregoing paragraph (1) from January 15, 2013, from that time, the Defendant had another person perform construction works using the trade name of the said C Co., Ltd. by using the trade name of the said C Co., Ltd., as shown in the list of crimes.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement of the police statement of E;
1. A written accusation;
1. Application of Acts and subordinate statutes of construction registration certificate;
1. Article 96 Subparag. 3 of the Framework Act on the Construction Industry and Article 21(1) (Selection of Fines): Defendant B stock company: Articles 98(2), 96 subparag. 3, and 21(1) of the Framework Act on the Construction Industry;
1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;
1. Defendant A of detention in a workhouse: Articles 70 and 69 (2) of the Criminal Act;
1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;