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(영문) 대전지방법원 2012.11.14 2012고정1836
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 4,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. Defendant A is a person engaged in water supply and sewerage construction business while operating C Co., Ltd.

Where a contractor intends to subcontract any construction works corresponding to specialized works among his/her contracted construction works, he/she shall subcontract such construction works to any constructor who has registered the business category of performing the relevant specialized works.

Nevertheless, around May 25, 2011, the Defendant subcontracted to Defendant B, who did not register the business category of specialized construction work, some of the “E Improvement Works” among the “E Improvement Work” that was awarded by the Dae-gu Seoul Special Metropolitan City Water Supply Facility Management Office’s waterworks business office.

2. Defendant B: (a) from June 1, 201 to October 27, 201, at the Daejeon Jung-gu Daejeon District D Day; (b) without registering construction business; and (c) without registering construction business; and (d) without registering the construction business, Defendant B performed joint construction and contact work, which is part of the “E Improvement Work” subcontracted by C Co., Ltd.

Accordingly, the Defendant carried on construction business without registering construction business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. A copy of a subcontract agreement of construction works;

1. Application of Acts and subordinate statutes to a investigation report;

1. Defendant A of the pertinent legal provision on criminal facts: Articles 96 subparag. 4 and 29(2) of the former Framework Act on the Construction Industry (Amended by Act No. 10719, May 24, 201; hereinafter “former Framework Act on the Construction Industry”): Articles 96 subparag. 1 and 9(1) of the former Framework Act on the Construction Industry

1. Selection of each alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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