Text
Defendant
A Imprisonment with prison labor for one year, for ten months, for Defendant B, for six months, for Defendant C, and for eight months, for Defendant D.
Reasons
Punishment of the crime
1. Violation of the Framework Act on the Construction Industry;
A. While Defendant A had performed steel structure and hold construction business from around 1987 to around 201 with the trade name of “J”, Defendant A had been engaged in construction business from around 201, and a person who intends to conduct construction business must register with the Minister of Land, Infrastructure and Transport according to the type of business prescribed by the Presidential Decree, Defendant A, without registering with the competent authority. From around July 2013 to May 2014, Defendant A engaged in metal structure and hold construction business by obtaining a subcontract for steel structure and railing construction of the above building from the construction contractor B and receiving a subcontract for the said building from the constructor B to May 2014, which amount to KRW 150 million in construction cost.
B. Defendant C is a constructor who registered “construction business” with the trade name “stock company E”.
No constructor shall allow another person to contract or perform construction works by using his/her name or trade name, or lend his/her construction business registration certificate or construction business registration pocket book to another person.
Nevertheless, around May 10, 2013, the Defendant had B, who operates L, construct the said K construction work [one-story underground floor with a total floor area of 3,83.43 square meters and ten-story multi-family housing construction work] using the said K construction work in the name of “Co. E” from September 2014 to September 2014.
C. Defendant E, at the same time, at the same time and place as the above “B,” Defendant C, the representative of the Defendant, committed a violation as described in the above “B.”
Defendant
B No person shall execute construction works using the name or trade name of another constructor, and construct residential buildings the total floor area of which exceeds 661m2.