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(영문) 수원지방법원 안산지원 2017.03.09 2017고정77
건설산업기본법위반
Text

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

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the representative director of the corporation B, and the defendant corporation B is a corporation established for the purpose of the housing construction business, etc., and around April 19, 2016, the corporation received the construction from the corporation C to remove the buildings on the land of Goyang-si, Busan Metropolitan City, and newly construct the building of C.

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 April 20, 2016, Defendant A subcontracted the removal, civil engineering, household facilities, and steel reinforced concrete construction among the above construction works to E, a non-registered corporation, a non-registered corporation.

2. Defendant B Co., Ltd. committed an act of violation, such as subcontracting the business of Defendant B to a unregistered constructor at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Application of statutes on contracts for construction works and subcontracts;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 96 Subparag. 4 and Article 25 Subparag. 2 of the Framework Act on the Construction Industry; Selection of a fine

B. Defendant B: Articles 98(2), 96 subparag. 4, and 25(2) of the Framework Act on the Construction Industry; selection of fines

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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