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(영문) 창원지방법원 마산지원 2013.10.29 2013고정152
건설산업기본법위반
Text

Defendants shall be punished by each fine of KRW 5,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is the representative director B, and the defendant B is a corporation established for the purpose of civil engineering work.

1. A recipient of a defendant A shall subcontract his/her business to a constructor who has registered the type of business corresponding to the details of construction;

Nevertheless, around July 1, 2010, Defendant A entered into a subcontract agreement with H(Representative I) with respect to the G work of the window of Changwon-si, which was contracted by the branch office of Changwon-si, Changwon-si, F2 in the office of Defendant B, which was in the F2th floor of Changwon-si, and Defendant A subcontracted the construction work without registration of H’s construction business.

2. Defendant B Co., Ltd. committed the above violation with respect to Defendant B’s business as above. Defendant A, the representative director of the above Defendant, committed the above violation.

Summary of Evidence

1. Each legal statement of the witness J, I,K, and L;

1. A copy of the agreement, or a copy of the standard subcontract agreement of construction works;

1. A copy of all the registered matters, a copy of the business registration certificate, a copy of construction business registration certificate (H), and a copy of construction business registration pocketbook;

1. Investigation report (the details of deposits submitted to the suspect I (the details of monthly payment by the agent at the site);

1. Application of Acts and subordinate statutes to Chapter 19 of the details of transactions of entry and withdrawal;

1. Defendant A: Article 96 subparag. 4 and Article 25(2) of the Framework Act on the Construction Industry; Article 98, subparag. 4 and Article 96(2) of the Framework Act on the Construction Industry; Article 98, subparag. 4 of the Framework Act on the Construction Industry; Article 25(2) of the same Act; Selection

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

1. Defendants who bear litigation costs: Article 186(1) of the Criminal Procedure Act

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