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(영문) 대구지방법원 2017.11.17 2017고정1825
건설산업기본법위반
Text

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

Defendant

A and C fail to pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is the vice president of B, Defendant B is a corporation established for the purpose of construction work business, etc., and Defendant C is a person who operates D.

1. A supply and demand of construction works shall subcontract to a constructor who has registered the type of business corresponding to the details of construction works, and the constructor shall not have another person receive a supply of or execute construction works by using his/her name or trade name, nor lend his/her construction business registration certificate;

Nevertheless, on June 6, 2016, the Defendant subcontracted the F.F. Factory Extension Project to D without being registered as a type of business corresponding to this construction project, which was received from F. in the B office located in North-Gu, Northern-si, Ma.

2. Defendant B, at the time and place specified in paragraph 1, subcontracted the construction work of extension of raw material plant to Defendant A, who is an employee of the Defendant, to D without registration, with respect to the Defendant’s business.

3. Any person who intends to conduct defendant C construction business shall register the land with the Minister of Construction and Transportation by industry as prescribed by the Presidential Decree.

On June 6, 2016, the Defendant entered into a subcontract with the Minister of Construction and Transportation with respect to “F raw material factory extension works” that Company B received from Company F from Company F, without registering general construction works as a type of business performing general construction works, and entered into a subcontract with the Minister of Construction and Transportation with the content of “F raw material factory extension works” in the name of subcontracted construction works, including wooden wage, steel bars, other labor wages, waterproof works, waterproof works, design works, windows, electrical equipment works, water supply works, and water supply works,” “from June 7, 2016 to July 31, 2016,” “19,000,000,” “119,000,000,” and from that time until August 2016, 2016.

Accordingly, the defendant carried on construction business without registering the construction business to the Minister of Construction and Transportation.

Summary of Evidence

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