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(영문) 수원지방법원 안산지원 2020.05.14 2019고단3375
건설산업기본법위반
Text

Defendant

A A A shall be punished by a fine of KRW 2,00,00, KRW 2,000, KRW 5,000, KRW 3,000, respectively.

Reasons

Punishment of the crime

"2019 Highest 3375"

1. Defendant A and B’s co-principal defendants are those who operate an indoor construction business with the trade name “F” in Nam-gu Incheon Metropolitan City, and those who intend to carry out construction works, the expected amount of which exceeds KRW 15 million, due to any construction works falling under indoor construction business, shall be registered with the Minister of Land, Infrastructure and Transport.

On July 2016, the Defendants conspiredd with the Defendants to perform construction work of KRW 17,970,000, such as the exchange of a window mold, in the “H Child Care Center” located in G at Sinsan-si, Haddong on July 2016.

B. Around August 3, 2016, Defendants conspired to commit the crime and performed construction work of KRW 16,870,000 as expected amounts, such as an exchange of a creative mold, without registering the construction business, at “J Child-Care Center located in Sinsi-si I” around August 3, 2016.

2. No person who commits a crime in violation of the Local Finance Act by Defendant C or a crime in aiding and abetting a violation of the Local Finance Act by fraud or other improper means shall be provided with local subsidies;

Defendant

C As a person who provides infant care services in K with the trade name of “L childcare center” in Si-Y, and the “M” in Si-Y is selected as a subsidized business operator to receive a subsidy for half of the amount of the interior repair work of the childcare center, Defendant B received a estimate of KRW 17,750,00 (Additional Tax) from Defendant B to apply for a subsidy, along with the written estimate of the cost of the interior repair work of the childcare center, and Defendant B applied for a subsidy. In turn, the construction company will reduce the scale of construction rather than the amount of the said estimate.

Accordingly, Defendant C applied for subsidies, along with a written estimate as stated in KRW 17,750,00 of the construction amount at the time of Sinsi, around April 26, 2016, and received KRW 8,875,000 from the account of the Nonghyup Bank in the name of the above child care center around June 28, 2016.

Defendant

C In fact, the construction work of N in 7,900,000 won shall be executed by N, a man-mademan.

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