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(영문) 서울북부지방법원 2013.10.24 2012고정3055
건설산업기본법위반
Text

Defendants shall be punished by a fine of five million won.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendant

B is the representative director of D Co., Ltd., and the defendant A is the father and mother of B and is the indoor man and woman.

1. On January 201, Defendant B: (a) concluded a construction contract under the name of D Co., Ltd. with respect to “F and Executive Director H Factory Construction Project” located in the Namyang-si, Inc. (F and Executive Director G); and (b) concluded a construction contract between July 20, 201 and January 10, 2012 with respect to “Eyang-ju H Factory Construction Project” located in the said construction site, Defendant B, as a result of the commencement of incidental civil engineering works during the said construction site from July 20, 201 to January 10, 2012.

Accordingly, the Defendant, a constructor, had another person receive and perform construction works using the name of D Co., Ltd.

2. Although Defendant A did not have a construction business license at the date, time, and place specified in paragraph (1), Defendant A received orders from E to perform the construction business of the ESM H plant in the name of D Co., Ltd.

Accordingly, the Defendant received and performed construction works using the name of D Co., Ltd.

Summary of Evidence

1. Each legal statement of witness I, J, K, L, and F, and part of the witness M’s legal statement;

1. Each part of the prosecutor's statement of I, J, K, and L, and each of the prosecutor's statements of the prosecution against N andO;

1. Complaint;

1. A criminal investigation report, a copy of a criminal investigation report (a copy of a deposit passbook paid to construction costs), a criminal investigation report (Attachment of a statement of transactions of deposits in J wage), a criminal investigation report (Attachment of a statement of transactions in A deposit passbook), a criminal investigation report (Attachment of a statement of transactions in A deposit passbook), and a criminal investigation report (Attachment of a copy of a register

1. Application of Acts and subordinate statutes to a standard construction subcontract agreement, payment guarantee, balance certificate, electronic tax invoice, sheet, specification of transactions, each deposit passbook, standard contract for private construction works, contract guarantee, copy of deposit passbook, statement of payment of salary, and written resolution on salary disbursement;

1. Defendants: Article 96 Subparag. 3 of the Framework Act on the Construction Industry and Article 96.

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