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(영문) 서울중앙지방법원 2019.01.16 2018고정2668
건설산업기본법위반
Text

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

Defendant

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

Reasons

Punishment of the crime

1. Defendant A, such as the relation to the Defendants, is the representative director of the Company B in Gangnam-gu Seoul Metropolitan Government, who exercises overall control over the company affairs, and Defendant B is the company established for the purpose of waterproofing construction business.

Defendant

B Around March 21, 2014, a corporation was awarded a contract with the Seoul Urban Housing Corporation for KRW 2,842,359,700 for the total construction cost jointly with E.

2. No defendant A constructor shall subcontract all of contracted construction works, or most of the major parts prescribed by Presidential Decree to another constructor;

Nevertheless, around April 2014, the Defendant subcontracted all of the “D Repair Work” contracted by B Co., Ltd. as described in paragraph (1) to F Co., Ltd. which is another constructor.

3. Defendant B’s “Defendant B” written indictment is correct as it is apparent that it is a clerical error of “Defendant B” corporation.

The defendant subcontracted all of contracted construction works to another constructor by A, the representative director of the defendant, as described in paragraph (2), at the time and place specified in paragraph (2).

Summary of Evidence

1. Defendants’ respective legal statements

1. G certification;

1. The demand for censure, the notice, and the petition for accusation (16 pages of investigation records);

1. Application of Acts and subordinate statutes to the entire certificate of registration;

1. Defendant A: Article 96 Subparag. 4 and Article 29(1) of the Framework Act on the Construction Industry; Article 98 and Article 96 Subparag. 4 of the Framework Act on the Construction Industry; Article 96 Subparag. 4 and Article 29(1) of the Framework Act on the Construction Industry;

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

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

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