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(영문) 서울북부지방법원 2013.11.07 2013고정745
건설산업기본법위반
Text

Defendants shall be punished by a fine of two million won.

Defendant

A fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

Defendant

A is the representative director of B corporation located in D at the time of strike, and the defendant B corporation is a corporation established for the purpose of construction business.

A contractor shall subcontract the type of business corresponding to the details of construction to a registered constructor.

1. On March 30, 2012, Defendant A subcontracted the construction of reinforced concrete to G who did not have a construction license, among the construction of the F Welfare Center in E that was ordered and supplied by the Guro-gu Seoul Metropolitan Government Office.

2. Defendant B Co., Ltd. subcontracted reinforced concrete construction work to G who was the representative of the Defendant at the time and place specified in paragraph (1).

Summary of Evidence

1. Court statement of the defendant (which is made on the sixth trial date);

1. Legal statement of witness G;

1. The police statement concerning G;

1. A written accusation;

1. A contract for construction works, notice of the conclusion of a contract for change of construction works, business registration certificate (influence of investigation records), construction business registration certificate, registration pocketbook, certificate of all the registered matters, and standard subcontract agreement for construction works;

1. Application of Acts and subordinate statutes governing the construction site photographs of a welfare center;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 96 subparag. 4 of the Framework Act on the Construction Industry and Article 25(2) of the same Act;

(b) Defendant B: Article 98(2), Article 96 subparag. 4, and Article 25(2) of the Framework Act on the Construction Industry

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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