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(영문) 부산지방법원 2013.11.07 2013고정759
건설산업기본법위반
Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 1 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation established for the purpose of housing construction, etc., Defendant A is the representative of the above company, and Defendant B Co., Ltd. entered into a contract on February 24, 2012 to accept the part of removal works among the Busan Jin-gu E building extension works executed by Plaintiff D.

The subcontractor cannot re-subcontract the subcontracted construction work to others;

1. Defendant A around May 10, 2012, Defendant A re-subcontracted to F with the cost of construction KRW 35 million in lump sum.

2. Defendant B Co., Ltd., at the time and at the place specified in paragraph (1), committed an act in violation of paragraph (1) by its representative director.

Summary of Evidence

1. Each legal statement of witness G and H;

1. Protocol of examination of the witness (2012 group 57633-I, J);

1. F’s certification of July 7, 2012 (investigative Records 2-1, 37 pages), F’s certification of content on July 18, 2012 (investigative Records 2-1, 56 pages);

1. F verification angle (2-2 book 109 pages of investigation records) and requests made at the E-building site;

1. Electronic tax invoices, tax invoices (not more than 2-1, book 48 pages of investigation records);

1. A subcontract for construction works and a detailed statement of subcontract agreement;

1. May 2012 and

6. The benefit ledger, the national pension subscriber certificate, the benefit ledger on June 2012, and the main screen (in writing K “E” building, however, F appears to have sent e-mail as “K building” by mistake. Attachment of the F Director for June 201 to the Building)

1. Application of recording records (H) Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) Defendant A: Article 96 Subparag. 4 and Article 29(3) of the Framework Act on the Construction Industry;

(b) Defendant B: Article 98(2), Article 96 subparag. 4, and Article 29(3) of the Framework Act on the Construction Industry

1. Selection of sentence (Defendant A);

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. Determination as to the assertion by the defense counsel and the defendant under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. The alleged Defendants are the removal works of the E-building extension works (hereinafter referred to as “instant removal works”).

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