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(영문) 의정부지방법원 2016.09.23 2014고단3977
업무방해등
Text

Defendant

A Imprisonment of six months and fine of five million won, Defendant B, D Co., Ltd. and E Co., Ltd. shall be punished by a fine of five million won.

Reasons

Punishment of the crime

Defendant

A The representative director of D Co., Ltd., Defendant B, Defendant C are the representative director of F Co., Ltd., and Defendant D Co., Ltd., Defendant E Co., Ltd and Defendant F Co., Ltd are all corporations with the purpose of water supply and drainage work business.

1. Crimes related to the construction of U national highways by Defendant A or D corporation;

(a) No constructor who intends to obtain appraisal and announcement of Defendant A’s execution capacity in violation of the Framework Act on the Construction Industry of the Defendants shall submit to the Minister of Construction and Transportation any false performance records, etc. of the previous year.

On February 14, 2012, the Defendant: (a) received a subcontract for construction cost of KRW 1.427 billion from September 14, 201 to January 5, 2012 from W Co., Ltd. for “U National Highway Construction Works” from W Co., Ltd.; and (b) submitted the performance of the said construction work to the Minister of Construction and Transportation, even though there was no record of the construction work.

Accordingly, the defendant submitted to the Minister of Construction and Transportation the results of construction work in 2011 by false means.

(2) Defendant D Co., Ltd. submitted the performance of the construction work as above to Defendant D Co., Ltd., the representative director of the Defendant, in a false manner.

B. The Rules on the Election of the President X of the Specialized Construction Association for the interference with Defendant A’s business stipulate that “a person whose average annual amount of construction work performance for the last three years is less than 2 billion won,” and “a person for whom five years have not passed since he/she became aware of the fact that he/she falsely reported the evaluation data of construction capacity” did not have the right to vote for the president X X

(1) In the office of the Specialized Construction Association for BF located around October 12, 2012, the Defendant did not actually perform the construction work described in subparagraph 1-A, and the Defendant did not actually perform the construction work described in subparagraph 1-A. From 2009 to 2011, the Defendant’s total performance of the three-year construction work from 2009 to 2011 is KRW 5.681.98,00 won [=7.03,5990,000 (=total performance records reported from 2009 to 2011) - KRW 1.4278 billion (Article 1-A).

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