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Reasons
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(영문) 대구지방법원 2017.09.20 2016고정1529
건설산업기본법위반등
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[2016 High 1529] The Defendant is an operator of FF Co., Ltd. (former G Co., Ltd.).

On July 28, 2014, the contractor should subcontract the construction work to K without registering the construction work among the new construction work of the Daegu-gun District J Factory located in the Daegu-gu H, Daegu-gu, the Defendant subcontracted to K on July 28, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Statement made by a witness in the fourth public trial protocol;

1. Each protocol of examination of witness E and D;

1. Statement made by the police against M;

1. Standard subcontract agreement for construction works;

1. Investigation report (Confirmation as to whether the construction business is registered) (applicable to statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 96 subparagraph 4 and 25 (2) of the former Framework Act on the Construction Industry (Amended by Act No. 14015, Feb. 3, 2016) (amended by Act No. 14015, Feb. 3, 2016)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act (part of the facts charged, 2016 high court 2020) of the Criminal Procedure Act;

1. The summary of the facts charged is the representative director of the KGGF which has a construction business license and is an employer who runs a comprehensive construction business by employing six full-time workers.

The Defendant was subcontracted to KRW 407,00,000 for the construction of a new O in Daegu-gun-gun-gun-gun-gun and KRW 143,00,00 among them, and subcontracted to KRW 48,501,590 from R unit for the construction of a new O to KRW 33,000,000 for the construction of a new O and the construction of a new O (hereinafter “factory construction”) and then subcontracted to the actual representative L, who did not obtain a construction license, respectively, for KRW 33,00,00,000 for the construction of a new O and the construction of a new O.

Where a construction business has been executed on at least two occasions under subparagraph 11 of Article 2 of the Framework Act on the Construction Industry, the same Act shall apply.

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