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(영문) 수원지방법원 2016.01.13 2015노4862
건설산업기본법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-misunderstanding and misapprehension of legal principles, G Co., Ltd. (hereinafter “G”) agreed that the J Urban Residential Housing Construction Corporation (hereinafter “the instant construction”) will be engaged in a partnership business with F Co., Ltd. (hereinafter “F”) at the time of Ansan-si, which was contracted by the owner I to the owner of the instant construction work, and that among them, G subcontracted only the structural construction to F and substantially managed the remainder of the construction work at the instant construction site.

Nevertheless, the court below found Defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of the judgment.

B. Each sentence sentenced by the lower court (Defendant A: a fine of KRW 3 million, Defendant B: a fine of KRW 5 million) is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the lower court as to the assertion of misunderstanding of facts and legal doctrine, G was practically involved in the instant construction.

Therefore, the Defendants’ assertion on this part is without merit, since F cannot be seen, and F can be recognized that the construction of this case was performed by lending the name of G.

(1) On October 20, 201, Defendant A, the actual operator of F, entered into a contract for the construction of the instant construction project with the wife, with the construction cost of KRW 1.13 million, and the construction period from October 20, 201 to March 31, 201, and entered into a standard contract for private construction projects with the above terms and conditions, but he was aware of the fact that the comprehensive construction license is required for the instant construction project. Since then, Defendant A, upon introduction of Defendant A, entered into a standard contract for private construction projects with Defendant A with respect to the instant construction project, most of which are the same as the contract entered into with Defendant A.

F has signed and sealed the above contract between I and G as a joint guarantor.

Dor. The construction site of this case

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