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(영문) 광주지방법원 해남지원 2016.03.31 2015고단582
건설산업기본법위반
Text

1. Defendant A is punished by a fine of KRW 5,000,000.

The above fine shall be reasonable for the defendant.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a company that is engaged in construction business, such as civil engineering work business, etc. in South and North Korea, and Defendant B is the representative director of the above corporation.

1. Defendant B

(a) No constructor shall subcontract all of contracted construction works, or most of the major parts prescribed by Presidential Decree to another constructor;

Nevertheless, the Defendant ordered the F Civil Works Corporation E branch of the Korea Rural Community Corporation to KRW 942,848,000. On February 6, 2013, the Defendant: (a) prepared a summary statement to the effect that all of the contracted construction works are collectively subcontracted to H at the office of a stock company A located in G2 in the G2 level; and (b) made I violate the subcontract restriction regulations by having I perform the construction works.

(b) No constructor shall subcontract all of contracted construction works, or most of the major parts prescribed by Presidential Decree to another constructor;

Nevertheless, the Defendant received a contract for the 'K Civil Works Corporation' from the JJ E branch in KRW 1,457,606,000, and prepared a summary statement on February 6, 2013 that all of the contracted construction works at the above office will be subcontracted to H in a lump sum, and made I violate the provision on subcontract restriction.

2. Defendant A, as described in paragraph 1, violated the law in a lump sum subcontract to B, the representative director of Defendant Company, B, and I.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made against L, M, or N;

1. A written confirmation of the I facts;

1. Written accusation (including all attached documents, etc.);

1. A certificate of all the matters to be registered, the current status of the appointment of an agent at the site, the details of the transactions of paying a fixed amount of money, and documents related to the construction (F, K);

1. The application of Acts and subordinate statutes including the investigation report (K, F construction-related documents, each telephone investigation, subcontract termination notice), and accompanying documents;

1. Criminal facts;

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