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(영문) 광주지방법원 목포지원 2013.04.04 2013고정79
건설산업기본법위반
Text

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

If the Defendants did not pay the above fines, only 50,000 won.

Reasons

Punishment of the crime

Defendant

A is a substantial operator of the (main)C operating underwater construction business, etc., and Defendant B is a representative director of D (main) operating underwater construction business, etc.

1. Defendant A-Uregistered construction business Defendant did not register the construction business with the Minister of Land, Transport and Maritime Affairs, and around March 15, 2010, Defendant D, a sewage supplier of the “E Installation Work” that was ordered by the Busan Regional Maritime Affairs and Port Authority, carried on construction business by re-subcontracting the above underwater construction work in the name of KRW 96,364,79 (State).

2. Defendant B - The Defendant in violation of the subcontract restriction re-subcontracted the above construction work to the Section (C) around March 15, 2010, because D (ju) received a subcontract for the above construction work from F (ju), the contractor, and thus, it was prohibited from re-subcontracting the said construction work to another person.

Summary of Evidence

The Defendants’ respective legal statements, police statements, written contracts, and other documents related to the Corporation, and the application of the Acts and subordinate statutes on account transactions.

1. Relevant criminal facts: Selection of a fine for negligence;

A. Defendant A: Article 96 Subparag. 1 and Article 9(1) of the former Framework Act on the Construction Industry (Amended by Act No. 10719, May 24, 201)

B. Defendant B: Article 96 Subparag. 5 and Article 29(4) of the former Framework Act on the Construction Industry (Amended by Act No. 10719, May 24, 201)

2. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

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

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