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(영문) 창원지방법원 진주지원 2012.12.11 2011고정512
건설산업기본법위반등
Text

Defendant

A A Fine of 5,00,000 won, Defendant B of 15,000,000 won, Defendant C of 3,000,000 won, respectively.

Reasons

Punishment of the crime

Defendant

A is the representative director of L, and the actual manager of N (Tan construction business and reinforced concrete construction business registration certificate) located in Gyeong-dong, Hanam-gun M, and Defendant B is the representative director of P, which is located in the second floor of O2 in Yangsan-si, Defendant C is the representative director of Q Q Co., Ltd (the ownership of the indoor construction business and the metal structure construction business registration certificate) and Defendant D is the representative director of S, which is located in Kim Sea-si.

1. Defendant A:

A. Without registering an engineering work, on April 13, 2009, at the above P Office Co., Ltd., the above P Office received a lump sum subcontract from the P representative director B for a “T Corporation” which falls under the civil engineering work from October 21, 2009 to October 20, 2010, and directly executed the said work, and conducted an engineering work.

B. Although a national technical qualification certificate is not lent to another person, four persons, such as U, etc., holding a national technical qualification certificate, have borrowed each national technical qualification certificate to the above four persons, by means of registration as if they were employed as holding technicians of the above company, as shown in the attached list of crimes (1), under the condition that four premiums per month (15-200,000 won) and 2-300,000 won per month are paid, as shown in the attached list of crimes (1).

C. Despite being prohibited from lending another person’s career certificate of construction technology, the above eight persons, such as V, who is a holder of career certificate of construction technology, have borrowed each of the above eight persons’ career certificates in a way of registration as if they were employed as an engineer of the above company, on the condition that, as indicated in the attached list of crimes (2) in order to maintain and run the construction business of N and stock companies.

2. Defendant B:

A. A constructor is unable to subcontract the whole or most of the contracted construction works to another constructor, although he/she is unable to do so, as of April 23, 2009.

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