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(영문) 제주지방법원 2013.06.13 2012노389
건설산업기본법위반등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment for one year, and each of the defendants B and C shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. Defendants (misunderstanding of facts as to the violation of the Framework Act on the Construction Industry and misunderstanding of legal principles) The instant construction work was executed in charge of Defendant E Co., Ltd. (hereinafter “Defendant E”), and Defendant A and Defendant C did not agree to name from Defendant E, and there is no fact that Defendant C received compensation by arranging it.

Therefore, the judgment of the court below that found the Defendants guilty of this part of the facts charged is erroneous or erroneous in the misapprehension of legal principles.

B. The sentencing of the lower court on Defendant A (an unreasonable sentencing on the violation of the Act on the Budgeting and Management of Subsidies) is too unreasonable.

C. The lower court’s sentencing (an unreasonable sentencing on Defendant A, Defendant B, and Defendant C) (an imprisonment of one year, two years, one year, one year, one year, one year, one year, one year, one year, and one year, one of the suspended sentence) is deemed unreasonable.

2. Judgment on the misunderstanding of facts and misapprehension of legal principles by the Defendants

A. The legislative intent of the Framework Act on the Construction Industry for the purpose of promoting the proper execution of construction works and the sound development of the construction industry as to whether Defendant B lent his name of the construction business to Defendant C, or in light of the relevant provisions of the above Act, which strictly provides for the standards for the license and registration of the construction business to achieve this objective, and which, in essence and in fact, provides for the prohibition of running a construction business by a person who has obtained a license or registered a construction business, is prohibited under Article 21 of the above Act, and provides for the prohibition of running a construction business by using his/her name or trade name to another person

“A person is aware that another person executes a construction work with qualification using his trade name or name and accepts or understand the use of his trade name or name for the same purpose.

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