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(영문) 수원지방법원 성남지원 2017.10.25 2017고정1084
건설산업기본법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a constructor who operates D Co., Ltd., which conducts landscaping planting construction business on the 5th floor of the building in Seongbuk-gu Seoul Metropolitan City.

No contractor shall subcontract part of the contracted construction works to a constructor corresponding to the same category of business.

On March 2015, the Defendant ordered “E (Contract Amount: KRW 84,700,00)” that was ordered by the Seongbuk-gu Office in Seongbuk-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City). However, the Defendant subcontracted that the Defendant would pay KRW 29,788,550 to the F representative G, a constructor, who is a part of the process of the said construction, corresponding to the same type of business.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

1. A certificate of confirmation of deposit in the account paid;

1. Application of the Acts and subordinate statutes on criminal investigation reports;

1. Article 96 subparagraph 4 of the Framework Act on the Construction Industry and Article 29 (2) of the same Act concerning facts constituting a crime, selection of fines;

1. A fine of three million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The proviso of Article 29(2) of the Framework Act on Construction Industry for the reason of sentencing under Article 59(1) of the suspended sentence provides that “Where the ordering person gives written consent, deeming that it is necessary to enhance the quality of construction works or the efficiency of performing official duties,” the legislative purport of this penal provision is to prevent the deterioration of construction quality or defective construction works, but the “part subcontract” as indicated in the Defendant’s decision is to directly perform construction works.

It is entrusted to the preceding sentence, and there is no relationship between the degradation of the quality of construction.

In addition, as far as it is possible to register as a forest project corporation, whether the corporation was a constructor F. M. F. M. F. M. F. M. F. M. F. F. M. F. M. F. M. F. M. F. F. M. M.

The decision is judged.

The defendant's confession and reflects, and the defendant will be a shaking.

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