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(영문) 인천지방법원 2013.11.29 2013노2450
건설산업기본법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence (2 million won per fine) imposed by the court below on the Defendants in the summary of the grounds for appeal is too unreasonable.

2. The defendants led to the confession of the crime of this case and are against the law, and there is no record of criminal punishment, and the defendant A appears to have obtained approval for subcontracting from the G University prior to the crime of this case. However, the crime of this case violates the Framework Act on the Construction Industry prohibiting the act of subcontracting all of the contracted construction works to another constructor, and such act requires strict punishment as it may hinder the development of the construction industry and cause unexpected damages to the project owner, and cause unexpected damages to the project owner. In addition, in full view of all the sentencing conditions as shown in the records and arguments of this case including the criminal punishment and equity against other crimes similar to the crime of this case, including the defendant A's age, character and conduct, environment, the background and result of the crime of this case, the circumstances after the crime of this case, and all the sentencing conditions shown in the records and arguments of this case, it is not reasonable to recognize the punishment of the defendant. Thus, the above assertion

3. In conclusion, the Defendants’ appeal is dismissed as it is without merit. It is so decided as per Disposition.

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