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(영문) 광주지방법원 순천지원 2018.12.20 2018고단1910
건설산업기본법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 3,000,000.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a stock company B with expertise in steel reinforced concrete construction, etc.

No constructor shall subcontract all of contracted construction works, or most of the major parts prescribed by Presidential Decree to another constructor.

Nevertheless, around February 17, 2015, the Defendant re-subcontracted D projects that were awarded a successful bid at the B office located in C at the time of leisure to E (the representative director F).

2. On February 17, 2015, Defendant B, as indicated in the foregoing paragraph 1, subcontracted the entire D construction work contracted by the Defendant to E, a representative of the Defendant.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning the examination of the police officer in G;

1. Each police statement made with H and F;

1. Application of the statutes on a contract for modifying construction works;

1. Article 96 subparagraph 4 of the Framework Act on the Construction Industry, and Article 29 (1) of the same Act, and Article 98 (2), Article 96 subparagraph 4 of the same Act, and Article 29 (2) of the Framework Act on the Construction Industry, and Article 98 (2), Article 96 subparagraph 4, and Article 29 (1) of the same Act;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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