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(영문) 부산지방법원 동부지원 2013.07.22 2013고정617
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who actually operates C Co., Ltd from November 19, 2010 to substantially operate C Co., Ltd., and D is a person who operates E from December 6, 201 to December 6, 2001.

On September 19, 2011, the Defendant contracted F with the Busan Central District Office with the total construction cost of KRW 179,91,700, September 26, 2011, the date of commencement, and the date of completion on December 24, 2011, but had not commenced at all until November 1, 201 due to various circumstances.

No constructor shall subcontract most of the whole or part of his contracted construction works to another constructor.

Nevertheless, around November 1, 2011, the Defendant subcontracted all of the “F” projects contracted from the Busan Northern-gu Office to the “E” operated by D in the office of dispute resolution of the third floor of the G building in Suwon-gu, Busan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution;

1. Application of each statute on police statements made to D and H;

1. Article 96 Subparag. 5 of the Framework Act on the Construction Industry (Amended by Act No. 10719, May 24, 201); Articles 96 Subparag. 5 and 29(1) of the same Act on criminal facts; selection of fines

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

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