logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.07.13 2018노1201
건설산업기본법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to each punishment (defendant B Co., Ltd.: a fine of KRW 5 million, Defendant A: a fine of KRW 5 million) is too unreasonable.

2. The judgment of Defendant A recognizes the facts charged of this case and reflects it, and the primary charge is favorable to the Defendants.

However, since the crime of this case may interfere with the proper execution of construction work and the sound development of the construction industry, the defendants' liability cannot be deemed to be less, and since the defendants entered into a patent use agreement with the holders of the patent construction method of this case, they did not have to enter into a subcontract with E inevitably due to the use of patent construction method.

In full view of the following facts: (a) the contract entered into with E is not part of the subcontract, but a blanket subcontract; (b) the fact that the Defendants were aware of the fact that the subcontract was entered into with E, cannot be deemed to have impliedly consented thereto; and (c) other factors of sentencing specified in the instant records and arguments, including Defendant A’s age, sexual conduct, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime; and (d) all the circumstances after the crime was committed, each punishment of the lower court against the Defendants was proper and its sentencing judgment exceeded the reasonable bounds of discretion

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the defendants' respective punishment sentenced by the court below is too unreasonable, as argued by the defendants, the defendants' arguments are without merit.

3. In conclusion, the Defendants’ appeal is without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow