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(영문) 서울동부지방법원 2013.09.03 2013고정1632
건설산업기본법위반
Text

Defendant

Punishments against A shall be punished by a fine of KRW 5,00,000, and fine of KRW 3,000,000 for Defendant B.

Reasons

Punishment of the crime

Defendant

A is the representative director of B, and Defendant B is a corporation licensed for a specialized construction business such as soil works and structures, and the subcontractor shall not re-subcontract subcontracted construction works to others.

1. On May 8, 2012, Defendant A subcontracted the construction of soil and structures at the site office of the construction site of the construction site of the west-to-west branch in the Gyeonggi-si, the Gyeonggi-si, the construction of the construction site of the construction site of the B, the contractor D, and then sub-subcontracted the construction of drainage and structures at KRW 2.174 billion during the construction to E.

2. Defendant B Co., Ltd. re-subcontracted the subcontracted construction work to E in relation to the Defendant’s business at the above date, time and place.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes to each police statement to F, G, and H, and a copy of the construction agreement;

1. Defendant A: Article 96 subparag. 4 of the Framework Act on the Construction Industry and Article 29(3) of the same Act on the Construction Industry: Articles 98(2), 96 subparag. 4, and 29(3) of the Framework Act on the Construction Industry;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: Defendant B corporation’s imposition of fines in full view of the size of the subcontracted work and the re-subcontracted work, the circumstances leading to the re-subcontract, etc.

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