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(영문) 창원지방법원 2017.09.27 2017고정144
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a director of the defendant B corporation in Kim Sea-si, and the defendant B corporation is a corporation with the purpose of building construction business.

1. A supplier of and demand for a defendant shall subcontract to a constructor who has registered the type of business corresponding to the details of construction work;

On November 26, 2013, the Defendant awarded a contract for the construction of F plant from the subcontractor F, and subcontracted the construction of F plant to the Jinsung Construction Co., Ltd., a constructor, who is not a specialized construction business entity, without justifiable grounds, for the entire construction of the F plant among the construction of the F plant ordered by his/her company at the above B B office on December 28, 2013.

2. Defendant B’s inside director, Defendant B Co., Ltd., committed an act of violating the Framework Act on the Construction Industry concerning the Defendant’s business as described in paragraph (1).

Summary of Evidence

1. The Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of the defendant A;

1. A written accusation;

1. Application of Acts and subordinate statutes to a copy of the contract of execution of liability (B-Dic Construction) and a copy of the vindication;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 96 subparag. 4 and Article 25 subparag. 2 (Selection of Penalty) of the Framework Act on the Construction Industry;

(b) Defendant B: Article 98(2), Article 96 subparag. 4, and Article 25(2) of the Framework Act on the Construction Industry;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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