logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.08.13 2013노3649
건설산업기본법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal by the Defendants was merely to help Defendant C’s on-site work, such as civil petitions and introduction of human resources, among the on-site work, and Defendant A, the representative of Defendant C, directly performed many acts, such as ordering construction and payment, and directly performed the instant construction work.

Even if Defendant B performed the entire construction work of this case, since Defendant C and Defendant A participated in the entire construction work of this case, it does not constitute the name lending prohibited by Article 21 of the Framework Act on the Construction Industry.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, which found all of the facts charged.

2. Determination

A. The lower court found the Defendants guilty on the grounds of the Defendants’ partial statement, witness K, L, and M’s respective statutory statement, witness N, andO’s three-time police statement on K and N, each of the third police statement on L, each of the vehicle register, each of the certified transcript of the company register, each of the internal investigation register, each of the internal investigation records (729 pages), the transaction statement (G), the transaction statement (C), the transaction statement (C), and the copy of the NA’s field director, each passbook transaction statement, agreement, each of the passbook transaction statement, and on-site photograph.

B. In light of the legislative purport of the Framework Act on the Construction Industry with a view to promoting the proper execution of construction works in 1 related legal principles and the sound development of the construction industry, or in light of the relevant provisions of the above Act with a view to achieving this objective, where the standards for license and registration of construction business are strict and where a person other than a licensed or registered constructor is unable to engage in construction business, etc., he/she shall not engage in construction business using his/her name or trade name.

arrow