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(영문) 전주지방법원 2016.08.11 2016고단371
건설산업기본법위반
Text

Defendant

A and B Imprisonment, and Defendant C Co., Ltd. shall be punished by a fine of KRW 20,00,000,00, respectively.

except that this judgment.

Reasons

Criminal facts

Defendant

A as a director of C Co., Ltd., a person who actually runs the above company, Defendant B is a foreign car of A, and Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) is a corporation with the purpose of construction business, etc.

1. A constructor may not have another person receive or execute construction works by making use of his name or trade name or may not lend his construction business registration certificate, etc. to another person;

A. On April 24, 2011, the Defendant, when constructing a new F convalescent Hospital in Daejeon-gu E, Daejeon, had the Defendant’s external aircraft B receive and perform construction works using the trade name of C Co., Ltd. operated by the Defendant, and:

B. On April 25, 2011, in performing the construction of the new G building in Daejeon-gu Daejeon U.S. G building, B is required to supply and demand construction by using the trade name of C Co., Ltd., and

C. On May 15, 2012, in performing the new construction work of the I church located in H at the time of official residence, B had B supply and demand and perform construction work using the trade name of C Co., Ltd.

2. As described in paragraph (1), Defendant B borrowed the trade name of C Co., Ltd. over three occasions from A, and received each of the construction works of the said convalescent, construction works of building, and construction works of churches.

3. The Defendant Company: A, a real representative of the Defendant Company, had B receive and perform construction works using the Defendant Company’s trade name on three occasions, as described in paragraph 1, with respect to the Defendant Company’s business.

Summary of Evidence

1. Legal statement by the witness J;

1. Protocols concerning the interrogation of suspect A by each prosecutor (including part concerning the cross-examination against B), and statements by the prosecutor (part, a copy of the protocol,) by the prosecutor;

1. A copy of the statement made to the prosecution by the J;

1. Each investigation report (in relation to the submission of documents filed by the complainant, submission of a detailed statement of deposit transactions B, submission of data on the details of account transactions A, comprehensive review reports, statement by the owner of the F convalescent hospital, matters to be verified B, business registration certificates, etc.;

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