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(영문) 청주지방법원 2020.10.21 2020고정391
건설산업기본법위반
Text

Defendants shall be punished by a fine of 1.5 million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. No person who intends to obtain a contract for or perform construction works by lending his/her name or trade name from a constructor;

Nevertheless, the Defendant decided to settle the fees after the construction work with C Co., Ltd. (D) operator, and received a construction contract with respect to the construction work on November 12, 2016, Cheongju-gu E and five parcels of land.

2. No defendant B shall have another person receive a supply of or execute construction works by using his trade name;

Nevertheless, the defendant, at the time and place specified in Paragraph 1, ordered A to receive and execute a new loan construction work in the name of the defendant C Co., Ltd., Young-gu E and five parcels.

Summary of Evidence

1. Defendants’ partial statement

1. The Defendants and the defense counsel asserted that they did not lend their names as they actually participated in the instant construction work contract in each private construction work protocol of the police interrogation protocol F of Defendant B and each police statement of Defendant B. However, although Defendant A joined the instant corporation, he did not pay any benefits but did not pay any benefits, Defendant A delegated all of the instant construction work to Defendant A to manage the site. According to Defendant B’s police statement, Defendant B’s “Any of the instant construction work is entrusted to Defendant A, and Defendant A managed the site. Upon deposit in the account in which the construction cost was used, Defendant A sent money to the place where A instructions was directed. As the company did not pay money at the site, the company could not be held responsible for the company’s personal seal impression and passbook.” Accordingly, the Defendants were liable among the Defendants for monetary damages incurred at the instant construction site.

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