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(영문) 서울중앙지방법원 2017.10.12 2017고정2534
건설산업기본법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative director of C, a corporation with the head office in Seocho-gu Seoul Metropolitan Government B and 101.

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

Nevertheless, on March 3, 2015, the Defendant subcontracted the construction amount of KRW 415,300,000 to E Co., Ltd., which did not register the business category corresponding thereto among the new construction works of D D Business Facilities in Gangnam-gu Seoul, Seoul, for which C had contracted from UND Construction Co., Ltd. to the head office of the above C Co., Ltd.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Police investigation reports and replies to requests for cooperation in investigation;

1. Complaint;

1. Application of Acts and subordinate statutes to a copy of judgment, a seizure and collection order, a claim, a provisional seizure, a provisional seizure and collection order, and a collection order, a payment order, each construction agreement, confirmation letter, fact confirmation document, a certified copy of the corporate registry of the KCAC, and a direct payment consent (including each copy thereof);

1. Relevant Article of a crime, subparagraph 4 of Article 96 and Article 25 (2) of the Framework Act on the Construction Industry Selection of Punishment, and Selection of fines for a crime;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

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