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(영문) 울산지방법원 2017.11.24 2017고정820
전기공사업법위반
Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

The facts constituting an offense are partially revised and recognized to the extent that it does not infringe the defendants' right of defense.

Defendant

A is a person operating “E” in Yangsan-si D, and Defendant B was an employee from about 10 years to around 2013 in the above E.

person is a person.

No constructor shall give a subcontract for electrical construction works he/she has contracted to another constructor.

Nevertheless, in November 2013, Defendant A awarded an order for the electrical construction of G 2 factory in Ulsan-gun F, Ulsan-gun, Inc. to KRW 44 million from the said company and subcontracted the said construction to Defendant B on November 2013 without performing the said construction. Defendant B, despite being aware of the above circumstances, was subcontracted the said construction.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Some statements concerning the Defendants in the police interrogation protocol

1. Statement made by the police with H;

1. Each standard contract for construction works, letter of contract, examination of witness (Evidence No. 12), each preparation document, each written decision [the Defendants and the defense counsel asserted that the electrical construction set forth in the judgment of the Defendant A was not subcontracted to Defendant B, but the following circumstances acknowledged by the evidence duly adopted and investigated by this court, i.e., the Defendant A subcontracted the electrical construction set out in the relevant civil case (Ulsan District Court 2014 group 12781 group) to Defendant B.

In light of the above facts, Defendant B also asserted as a witness of the above civil case and stated that Defendant B was a subcontracted work by Defendant B or Defendant B, which was ordered in the name of Defendant A, and ② the Defendants acknowledged that they subcontracted the electrical construction as stated in the judgment even after the police investigation was conducted, there is sufficient proof of guilt as to the facts constituting the crime of this case.

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