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(영문) 인천지방법원 2016.04.07 2016고정421
전기공사업법위반
Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A on July 6, 2015, the Gwangju District Court sentenced two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and three years of suspended execution, which became final and conclusive on November 20, 2015.

Defendant

A is a person who actually operates Company B, a electrical construction company located in Dong-gu Incheon Metropolitan City, and D is a person who actually operates Company F, a electrical construction company located in the Nam-gu, Incheon Metropolitan City E and the fourth floor.

No constructor shall subcontract electrical construction works he/she has contracted to another constructor, and no constructor shall receive a subcontract for electrical construction works from another constructor.

1. Notwithstanding Defendant A, around December 30, 2014, Defendant A awarded a contract for electrical construction of KRW 2,397,756,40 (around December 30, 2015 to G Distribution Corporation in the name of the Defendant Company B with the estimated construction cost from the Korea Electric Power Distribution Agency located in 80, Jung-gu, Incheon, Jung-gu, Incheon (around December 30, 2014 to G Distribution Corporation in 2016) and subcontracted the said construction work to F, a stock company run by D.

Accordingly, Defendant A subcontracted the contracted electrical construction to other constructors.

2. Defendant A, a real representative of Defendant B Co., Ltd., committed a violation as described in paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspects of D by the prosecution;

1. A copy of a certificate of registration of electrical construction business, a registration pocketbook for electrical construction business, and a certificate of work execution for electrical construction;

1. The benefit ledger (B), the unit price G unit price (transfer from the head office to the head office) in 2015, and the notification of cancellation of the contract for construction (G branch office in 2015);

1. Investigation report (to attach copies of major data on seized articles B by the Gwangju District Prosecutor);

1. Previous convictions in judgment: Application of Acts and subordinate statutes of case search and judgment;

1. Relevant legal provisions concerning criminal facts;

A. Defendant A: Article 42 subparag. 4 and Article 14 subparag. 1 of the Electric Construction Business Act; the selection of fines

B. Defendant B: Articles 45, 42 subparag. 4, and 14(1) of the Electric Construction Business Act, and the choice of fines.

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