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(영문) 수원지방법원 2019.06.13 2018고단3850
건설산업기본법위반
Text

Defendant

A shall be punished by a fine of KRW 10,000,00, and by a fine of KRW 5,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the representative director of C(hereinafter referred to as “C”) who runs the business of indoor interior interior decoration, etc., and Defendant B is the representative director of D(hereinafter referred to as “D”) who runs the business of indoor decoration, etc.

1. A contractor for construction works by a defendant A shall subcontract to a constructor who has registered the type of business corresponding to the details of construction works;

Nevertheless, around July 5, 2017, the Defendant subcontracted the construction work price of KRW 2.4 billion to D who did not register the construction business “F University natural camping ground and public space interior construction work” received from the F University, the owner of the building, for the construction cost of KRW 2.82 billion.

2. A person who intends to conduct defendant B construction business shall register his/her construction business with the Minister of Land, Infrastructure and Transport by industry;

Nevertheless, the Defendant, without registering the construction business on July 5, 2017, subcontracted the construction work of “F University Natural Campus Living Space and Space Space Space D” from the said F University to the said F University from July 5, 2017 to August 18, 2017, and carried out a construction business without registration.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. The recording of statements by witnesses B and G in the third protocol of trial, and the partial recording of statements by witnesses H in the fifth protocol of trial;

1. Examination protocol of Defendant A by the prosecution;

1. Application of Acts and subordinate statutes on construction contract;

1. Defendant A: Article 96 subparag. 4 and Article 25(2) of the Framework Act on the Construction Industry; Defendant B who selects a fine: Article 95-2 subparag. 1 and Article 9(1) of the Framework Act on the Construction Industry; Selection of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant’s assertion regarding Defendant A’s assertion under Article 334(1) of the Criminal Procedure Act is based on the introduction of G, a real representative of D, by an I director, who is an employee, and becomes aware of the fact around January 2017.

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