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(영문) 부산지방법원 2018.04.06 2017노2768
건설산업기본법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found Defendant A guilty of the facts charged in the instant case, even though Defendant A did not re-subcontract the steel bars, fry, fry, and frying construction among the civil construction works subcontracted by the construction of walls, on the ground that Defendant A was in charge of the order construction work and did not take charge of field management, such as the conclusion of subcontract, at the construction site, and thus, Defendant A was found guilty of the facts charged. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (hereinafter “Defendant A”) is too unreasonable, which is unfair.

2. Determination

A. The court below rejected the Defendants’ assertion in detail under the title “the Defendants’ assertion and judgment” as the grounds for appeal in this case, on the ground that the Defendants asserted as to the Defendants’ mistake of facts or misapprehension of the legal doctrine, and the court below stated in the judgment in detail that the Defendants’ assertion and judgment were “the Defendants’ assertion and judgment.” In addition, in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court below, the court below’s determination is just and acceptable, and there is an error of law by misapprehending the facts or by misapprehending the legal principles as alleged by the Defendants, which affected the conclusion of the judgment.

subsection (b) of this section.

Therefore, the above assertion by the Defendants is without merit.

① In presenting a written estimate of KRW 1,240,000,000 for the construction cost to Defendant A (hereinafter “Defendant Company”)’s staff member Q Q from the court of the original instance, G was requested to proceed with the bridge and distribution part of the instant construction work and participated. He/she shall receive approximately KRW 100,000,000,000,000 from the said amount, excluding labor cost, material cost, etc.

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