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(영문) 인천지방법원 부천지원 2017.10.19 2017고정862
건설산업기본법위반
Text

1. Defendant A is punished by a fine of KRW 7,00,00,000, Defendant B is punished by a fine of KRW 4,00,000, Defendant C and D, respectively.

Reasons

Punishment of the crime

Defendant

A From March 9, 2012 to May 11, 2015, the person who was the representative director of Defendant B (in-house director: G, previous corporation H), and Defendant B, a corporation incorporated for the purpose of carrying out any incidental business pertaining to specialized construction business, such as the maintenance and management business of facilities, are constructors who used the trade name of the above Defendant B (H prior to the change).

1. No defendant A constructor shall have another person receive a contract for or perform any construction works by using his/her name or trade name;

A. From May 2, 2014 to May 31, 2014, the Defendant committed the instant construction work by using the trade name of H Co., Ltd. from May 2, 2014 to May 31, 2014, the Defendant entered into a construction contract with 36 million won for the construction cost of I Apartment-si apartment building A, Dong Dong B, Dong B, and Dong rooftop flood control construction, and had C, a non-registered construction business operator, who received 5% of the construction cost, perform the said construction work.

B. From July 31, 2014 to August 4, 2014, the Defendant: (a) concluded a construction contract with respect to the construction work of the J apartment building building-type and the replacement work of the interior timber in Yongsan-gu, Chungcheongnam-gu; and (b) had E, a construction business operator without registration, perform the said construction work using the H’s trade name during the period from July 31, 2014 to August 4, 2014, on condition that 5% of the construction cost is paid.

(c)

On April 29, 2015, the Defendant entered into a construction contract with the construction cost of 28 million won with respect to the construction works for the improvement of the K apartment rooftop facilities located in the Sinju City, and caused D, a construction business operator without registration, to perform the said construction works using the trade name of H during the period from May 8, 2015 to May 30, 2015, on condition that 5% of the construction cost is paid.

(d)

The defendant who committed a crime related to LA apartment construction located in Suwon-si shall be around May 7, 2015.

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