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(영문) 광주지방법원 2017.10.25 2017고정839
건설산업기본법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 5,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A and D are the actual co-manager of the Bank of Korea in the Namyang-gun E from November 30, 2013 to June 2015.

(a) A contractor shall subcontract a type of business corresponding to the details of construction to a registered constructor;

Nevertheless, on November 30, 2013, Defendant A, along with D, violated the provision on subcontract restriction by subcontracting the steel-based concrete construction works of Gwangju Mine G and H’s “I-new construction works,” which had been awarded a contract from Gwangju Mine-gu G and Sejong Construction Co., Ltd., and H’s “I-new construction works” to the private constructor J and B without a construction business license for steel-rein concrete construction works.

(b) No person shall have another person receive or perform construction works by using his/her name or trade name, or arrange such contracts;

Nevertheless, on May 2013, Defendant A, along with D, arranged to perform construction works in the name of the K-K K-K K-K K-K's K-K's K-K's K-K's K-K's K-K's K-K's K-K's K-K's K-K's K-K's K-K's K-K's K-K's K-K's K-K's K-K's K-K's K-K's K-K's K-K's L.

2. Defendant B and J are private constructors performing construction works in the field of construction without registration of construction business.

No person shall receive a contract for or execute construction works by using another person's name or trade name.

Nevertheless, on May 19, 2013, Defendant B, along with J, prepared a steel-rein concrete subcontract contract in the steel-reined concrete sector with the trade name of K in the mediation of A and D to execute the construction of steel-reind concrete sector at the construction site specified in the above paragraph 1, and completed steel-reind concrete construction up to April 30, 2014.

Accordingly, Defendant B is operating K along with J.

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