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(영문) 수원지방법원 안산지원 2014.12.23 2014고정1208
건설산업기본법위반
Text

Defendant

A A A Fine of 7,00,000 won, Defendant B of the Company A of a fine of 7,000,000 won, Defendant C of the Company A of a fine of 2,500.

Reasons

Punishment of the crime

1. Defendant A

(a) Any person who intends to run a construction business shall make a registration for viewing under his/her jurisdiction;

Nevertheless, the Defendant, without being registered with the Silung City Mayor from October 15, 201 to March 15, 2012, performed construction business by receiving KRW 480 million from G to receiving KRW 480,000,000 of the construction work of the construction work of the 4th floor building of commercial housing located in the Gu of Ansan-si from G, Ansan-si.

(b) A contractor shall subcontract a type of business corresponding to the details of construction to a registered constructor.

Nevertheless, around October 14, 2011, the Defendant subcontracted the structural construction of the above 4th floor housing to C who did not register the construction business at the above corporation B office, and subcontracted the above 350 million won building to C who did not register the construction business.

2. Any person who intends to run a defendant C construction business shall file for registration for viewing under his/her jurisdiction;

Nevertheless, the Defendant did not register with the Silung City Mayor, from October 15, 201 to March 15, 2012, and performed construction business by receiving and performing the 4th floor structural frame of commercial housing located in Silsan-si, the name of "J" in the name of "J" from around October 15, 2011 to around March 15, 2012.

3. Defendant B, the representative of the Defendant, at the same date, time, and place as set forth in paragraph (1), performed construction business without registering the Defendant’s business to the Si interested City Mayor, and subcontracted construction business to C who did not register the construction business.

Summary of Evidence

1. Defendant C’s legal statement

1. The defendant A's partial statement

1. Legal statement of witness G;

1. A contract agreement on construction works;

1. Application of Acts and subordinate statutes in a construction subcontract agreement;

1. Defendant A, stock company B: Each of Articles 98(2), 96 subparag. 1, and 9(1) of the Framework Act on the Construction Industry (hereafter “unregistered construction business”), 98(2), 96 subparag. 4, and 25(2) of the same Act (hereafter “unregistered construction business”) and Defendant C: Defendant C entitled to each fine on criminal facts;

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