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(영문) 대구지방법원 김천지원 2015.06.10 2015고단116
건설산업기본법위반
Text

Defendant

A shall be punished by a fine of KRW 5,000,00, and by a fine of KRW 3,000,000,000.

Defendant

A. C.

Reasons

Punishment of the crime

Defendant

A is the representative director of the corporation B, and Defendant B is a corporation established for the purpose of construction work, etc., and Defendant C is a person awarded a contract for the extension of F kindergarten in the old Si E, the owner of the building.

1. No defendant A constructor shall allow any third person to contract or perform construction works by using his/her name or trade name, or lend his/her construction business registration certificate or construction business registration pocket book to any third person;

Nevertheless, on July 2013, the Defendant: (a) prepared a standard contract for private construction works for extension of the above FF kindergarten to C, which is operated by the Defendant, in the office of B, which was operated by the Defendant, which was in the Gu-Si of Gu-si, Seoul; and (b) had C perform the said construction works using the trade name of B, which was conducted by the FF

2. Defendant B, a representative of the Defendant, committed the above violation in relation to the Defendant’s business at the date and time, and at the place specified in paragraph (1).

3. From July 8, 2013 to February 2, 2014, Defendant C performed the extension work using the trade name of the said F kindergarten to the lower police officer.

Summary of Evidence

1. Defendants’ respective legal statements

1. Some of the suspect interrogation records of Defendant C by the prosecution (including the substitute part);

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to each investigation report (to attach documents to the Gu viewing business cooperation response, and detailed statement of deposit and withdrawal transactions);

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

(a) Defendant A and C: Article 96 Subparag. 3 and Article 21(1) of the Framework Act on the Construction Industry (Selection of Fines);

(b) Defendant B: Article 98(2), Article 96 subparag. 3, and Article 21(1) of the Framework Act on the Construction Industry

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A and C);

1. Article 334 (1) of the Criminal Procedure Act, each of the orders for provisional payment;

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