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(영문) 창원지방법원 밀양지원 2017.04.13 2016고정265
건설산업기본법위반
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 is the representative director who operates the construction of the LAB, located in Pak-si, and the defendant corporation B is a corporation established for the purpose of maintaining and managing the facilities.

1. A constructor is not allowed to subcontract all of the contracted construction works or most of the essential parts determined by Presidential Decree to another constructor, except in exceptional cases, and a sewage supplier is prohibited from re-subcontracting the subcontracted construction works to another person, except in exceptional cases.

Nevertheless, on November 16, 2012, the Defendant entered into a subcontract agreement with the Dispute Resolution Co., Ltd. and the E elementary school meal facilities construction business (project owner) during the extension of the school meal facilities and other construction works at the construction site of the said Construction Co., Ltd., and re-subcontracted part of the construction project to the Construction Co., Ltd. F (representative: G, corporation registration number: H: H, corporation registration number: H: 101 Dong-gu, Busan Metropolitan City 101-dong, and tin construction business) on January 10, 2013, which was subcontracted at the construction site of the said Construction Co., Ltd.

2. Defendant B Co., Ltd. committed the above unlawful act in relation to Defendant A’s business at the above date, time, and place.

Summary of Evidence

1. Defendant A’s legal statement

1. Written Statement;

1. Application of the statutes governing certified copies of corporate registers and certificates of seal imprint;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 96 Subparag. 4 and Article 29 Subparag. 3 of the Framework Act on the Construction Industry; Selection of a fine;

(b) Construction Company B: Articles 98(2), 96 subparag. 4, and 29(3) of the Framework Act on the Construction Industry;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act, including the content and amount of a re-subcontract subcontracted by Defendant A, the fact that Defendant A has no record of punishment for the same kind of crime, and the sentencing conditions indicated in the record, such as the age, environment of Defendant A, motive, means and consequence of the crime, etc.

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