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(영문) 창원지방법원 2015.02.12 2014고정682
건설산업기본법위반
Text

1. Defendants shall be punished by a fine of KRW 2,000,000.

2. When Defendant A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is an internal director of the defendant B corporation located in Kim Sea-si, and the defendant B corporation is a corporation with the purpose of building business.

1. A contractor shall subcontract a type of business corresponding to the details of construction to a registered constructor;

Nevertheless, around June 12, 2013, Defendant A entered into a responsible construction contract with G which does not register steel and concrete construction business for the construction of reinforced concrete in the F Company B’s office, and subcontracted the construction work for KRW 50 million to G which does not register steel and concrete construction business.

2. Defendant B, a inside director of Defendant Company, committed acts violating the Framework Act on the Construction Industry with respect to the Defendant Company’s business as described in the foregoing paragraph (1).

Summary of Evidence

1. Legal statement of the witness H;

1. Partial statement of a witness I;

1. A protocol of partial police interrogation of the accused;

1. Application of Acts and subordinate statutes to the complaint (including related materials);

1. Article relevant to the facts constituting an offense and the selection of punishment;

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

(b) Defendant B: Article 98(2), Article 96 subparag. 4, and Article 25(2) of the Framework Act on the Construction Industry

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

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

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