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(영문) 서울동부지방법원 2018.01.26 2017고정1673
건설산업기본법위반
Text

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

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the actual representative of corporation B, and the defendant corporation B is a corporation established for the purpose of building business.

1. A supply and demand of a defendant shall subcontract to a constructor who has registered the type of business corresponding to the details of construction work;

Nevertheless, on November 2016, 2016, the Defendant entered into a subcontract for the construction of a child care center with E’s representative F without a construction business license for the D New Construction Work, which is being ordered and implemented by Songpa-gu Office at the construction site of a new DD located in Seoul, and had such E perform the construction of a child care center from November 25, 2016 to February 28, 2017.

2. Defendant B Co., Ltd. entered into a subcontract with E’s representative F without a construction business license as above in relation to the Defendant’s business at the above date and at the same place.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. Measures for accusation of an original contractor due to illegal subcontracting;

1. Application of Acts and subordinate statutes to written agreements and written estimates;

1. Article 96 subparagraph 4 of the Framework Act on the Construction Industry, and Article 25 (2) of the same Act, and Article 98 (2), Article 96 subparagraph 4 of the same Act, and Article 25 (2) of the same Act, and Article 98 (2), Article 96 subparagraph 4, and Article 25 (2) 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. Defendants of the provisional payment order: In light of the contents and construction cost of the subcontracted project in this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, Defendant A’s like records, etc., the amount of each fine prescribed in the summary order is excessive even if the Defendants consider all the conditions of sentencing specified in the trial process of this case, such as Defendant A’s age, sex, criminal conduct, criminal record, means and consequence of the crime, and the circumstances after the crime.

It does not seem that it does not appear.

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