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(영문) 의정부지방법원 2020.11.10 2020고단2700
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation for the construction business, etc. in Songpa-gu Seoul Metropolitan Government, which is the executor of the Eunpyeong-gu Seoul Metropolitan Building Construction Corporation, and the defendant A is the representative of the above company.

1. The contractor for the construction work of the defendant A shall subcontract to the construction business operator who has registered the type of business corresponding to the contents of the construction;

On June 15, 2018, the Defendant entered into a subcontract with the construction cost of KRW 145,200,000 for the construction cost of steel and concrete construction as to the construction site and the construction site of this construction site, and had E undertake the construction work.

2. A, the representative of the Defendant B’s Defendant Company, subcontracted the construction work to the construction company, which was not registered, as described in paragraph (1).

Summary of Evidence

1. Application of the law of the standard subcontract agreement to the police interrogation protocol G to the police interrogation protocol as to F of the Defendants’ legal statement

1. Article 96 Subparag. 4 and Article 25(2) of the former Framework Act on the Construction Industry (Amended by Act No. 16136, Dec. 31, 2018; hereinafter the same shall apply); Defendant B who choose a fine: Articles 98(2), 96 Subparag. 4 and 25(2) of the former Framework Act on the Construction Industry;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The reasons why the crime of sentencing under Article 334(1) of the Criminal Procedure Act was committed, the facts that Defendant A had no criminal record exceeding the same criminal record or fine, and the conditions of sentencing as shown in the pleadings of the instant case are considered, and the punishment is determined as ordered.

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