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(영문) 서울서부지방법원 2016.04.15 2016고정57
건설산업기본법위반
Text

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

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. uses the “C” brand, and is a corporation with the purpose of skin beauty and sphere string, etc., and Defendant A is a person who exercises overall control over Defendant B’s overall business.

Any person who intends to conduct construction business shall register the national land with the Minister of Construction and Transportation by industry prescribed by Presidential Decree.

1. Although Defendant A Co., Ltd. was not registered in the interior construction business, Defendant A entered into a contract with “D store” franchisees around July 2, 2010 for the interior construction work for E and the above store (construction cost of KRW 87,890,000) and had subcontractors perform interior construction work. From February 12, 2014, Defendant A engaged in the construction business without registration under the contract with the owner of the franchise.

2. Defendant B Co., Ltd. committed a violation as described in paragraph (1) with respect to the Defendant B’s business.

Summary of Evidence

1. Some statements made to the defendant A in the protocol of interrogation of the suspect;

1. Answer to whether construction business is registered;

1. Each construction contract and each electronic tax invoice (the Defendant B Co., Ltd. entered into a franchise agreement, including the interior contract, with the owner of the franchise store, and received the cost of the construction from the owner of the franchise store, and received the cost of the construction from the owner of the franchise store, and issued the tax invoice, and thus, even if the Defendant B subcontracted to other companies, such as “F” and “G,” and caused them to do the construction work.

Even if the party to the contract entered into with the franchise owner, the party to the contract is the defendant B.

“F” and “G” performed interior works in accordance with the subcontract agreement with Defendant B Co., Ltd.

The franchise owners entered into a contract with “F”, “G”, or “T”, or they entered into a contract for interior works.

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