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(영문) 울산지방법원 2019.09.03 2019고정443
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A is a representative director of the company B in the Ulsan-gun C and the second floor of Ulsan-gun, a person who has overall control over the above company’s business.

No constructor shall subcontract all of contracted construction works, or most of the major parts prescribed by Presidential Decree to another constructor.

Nevertheless, on May 8, 2018, the Defendant contracted the “D” amounting to 77,777,770 won from the Ulsan-gu Seoul Metropolitan Government Ulsan-gu Office, and then subcontracted the said public sewerage installation work in the F coffee shop located in Ulsan-gu, Ulsan-gu, Seoul-gu on July 5, 2018 in a lump sum amounting to 73,925,500 won.

2. Defendant B, a corporation established for the purpose of water supply and sewerage construction business, etc., committed the same act as that of the Defendant’s business at the same time and at the same place as that of the above paragraph A, a representative of the Defendant.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of each police protocol of statement to I, G, J and K

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

A. Defendant A: Article 96 Subparag. 4 and Article 29(1) of the Framework Act on the Construction Industry; the selection of fines

(b) Defendant B: Article 98(2), Article 96 subparag. 4, and Article 29(1) of the Framework Act on the Construction Industry

1. Defendant A at a workhouse: Articles 70 (1) 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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