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Reasons
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(영문) 수원지방법원 안산지원 2016.04.14 2015고정524
건설산업기본법위반
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Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

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

Reasons

Punishment of the crime

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

Nevertheless, the Defendant agreed to pay KRW 109,219,00 to the I Co., Ltd., and KRW 87,897,000 to the J Co., Ltd., and KRW 133,749,00 to the K Co., Ltd., respectively, in the office of the B Co., Ltd. operated by the Defendant around Jun. 27, 2013, among the “H” awarded by the said B Co., Ltd. in the office of clean water management, the contract amount of the construction work in the field among “H” awarded in the amount of KRW 363,9,00.

2. Defendant B, a representative of the Defendant, committed such a violation with respect to the duties of the Defendant Company A.

Summary of Evidence

1. Legal statement of L partially every witness;

1. A protocol concerning the examination of the police officers of the accused;

1. The first police statement protocol against M, the first police statement protocol, each police statement against L, N, andO, and the third police statement against P;

1. A copy of the recommendation for the public announcement of H tender, a copy of the agreement on patent use, a copy of construction business registration certificate, a copy of the standard subcontract contract for construction works, a copy of the head of the Tong (the details of payment of the amount of construction works at the

1. Report on internal investigation (verification of data related to public tender by the Public Procurement Service) and application of Acts and subordinate statutes to investigation reports (verification of J subcontracting details);

1. Relevant legal provisions and the choice of punishment for a crime - Defendant A: Article 96 subparag. 4 of the Framework Act on the Construction Industry and Article 29 subparag. 1 (Selection of Penalty) - Defendant B: Articles 98(2), 96 subparag. 4 and 29(1) of the Framework Act on the Construction Industry;

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

1. The judgment on the defendants' assertion of provisional payment order - The defendants and defense counsel under Article 334 (1) of the Criminal Procedure Act

1. Article 29(1) of the Framework Act on the Construction Industry (hereinafter “Act”).

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