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(영문) 대구지방법원 서부지원 2016.03.23 2016고정67
건설산업기본법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000 and by a fine of KRW 3,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation established for the purpose of civil engineering work business, etc., and Defendant A is a director of the above corporation who actually operates B Co., Ltd.

1. No defendant A constructor shall subcontract all of contracted construction works, or most of the major parts prescribed by Presidential Decree to another constructor;

On November 20, 2013, the Defendant: (a) contracted the “D District Intersection Improvement Project”; (b) around 496,677,000 won for the construction work; and (c) again subcontracted the entire construction work to D. Special Construction Co., Ltd. (former Taesan Industrial Development Co., Ltd.) in B’s office located in Seongbuk-gun, Chungcheongnam-gun, Chungcheongnam-do; (d) around 4, 2013; and (e) subcontracted the construction cost of KRW 403,70,000 to D. Special Construction Co., Ltd. (former Taesan Industrial Development Co., Ltd.).

2. Defendant B Co., Ltd. committed a violation of the Framework Act on the Construction Industry concerning the Defendant’s business at the time and place specified in the foregoing paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

1. Application of the construction ledger, subcontracted construction work ledger, construction business registration certificate, construction business license lending business entity and request for administrative disposition, standard subcontract contract for construction works, and certified copy of the registry;

1. Defendant A of the relevant legal provision concerning criminal facts: Article 96 subparag. 4 of the Framework Act on the Construction Industry and Article 29(1) (Optional to a punishment) Defendant B: Article 98(2), Article 96 subparag. 4, and Article 29(1) of the Framework Act on the Construction Industry;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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