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(영문) 의정부지방법원 2020.06.12 2019고단5892
건설산업기본법위반
Text

Defendant

A and B shall be punished by a fine of KRW 8 million for six months, and the defendant C shall be punished by a fine of KRW 8 million.

provided, however, that the defendant A, a.

Reasons

Punishment of the crime

Defendant

B On July 13, 2018, the Seoul Central District Court sentenced 1 year and 6 months of imprisonment and 3 years of suspended execution to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in Seoul Central District Court, and the said judgment became final and conclusive on December 1, 2018.

1. Defendant A and Defendant B’s co-principal executive officers who engage in the construction business under the trade name of each of the following: (a) Defendant A and Defendant B’s co-principal executive officers (out of office on January 19, 2018, resignation on November 30, 2018); and (b) Defendant B (out of office on January 19, 2018) are Gyeonggi-ri D buildings and stock companies under subparagraph (e).

No subcontractor shall further subcontract any construction works he/she has subcontracted to any third person.

Nevertheless, around April 2, 2018, the Defendants received a subcontract for steel works and concrete construction works from G Co., Ltd., the main contractor, in terms of contract amounting to KRW 17,713,195,215. On April 2, 2018, the Defendants again subcontracted all of the construction works to H Co., Ltd. in terms of contract amounting to KRW 16,827,535,454 at the office of the said Co., Ltd. on April 25, 2018.

As a result, the Defendants conspired to subcontract the subcontracted construction work to another person as the subcontractor of the construction work.

2. The Defendant C, a representative of the Defendant, committed the above violation regarding the Defendant’s business at the time and place specified in paragraphs A and B(1).

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police statement to I;

1. Notice of a contract for a subcontract, review and report, notification of subcontract contract, copy of subcontract agreement, copy of subcontract construction work cost, subcontract work cost, comparison table, copy of construction business registration certificate, copy of construction business registration pocketbook, copy of copy of corporate register, copy of construction participation contract;

1. Before ruling: Application of criminal records and Acts and subordinate statutes concerning Defendant B;

1. Article 96 subparagraph 4 of the Framework Act on the Construction Industry, Article 29 (3) of the Criminal Act, Article 30 of the Criminal Act, and Article 30 of the Defendant C of the choice of imprisonment:

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