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(영문) 전주지방법원 군산지원 2015.06.24 2015고정19
건설산업기본법위반
Text

Defendant

C Each fine of KRW 10,00,000, Defendant A and Company B shall be punished by each fine of KRW 5,000,000.

Defendant

C.

Reasons

Punishment of the crime

1. A person who intends to conduct defendant C construction business shall file for registration with the Minister of Land, Infrastructure and Transport according to the type of business prescribed by Presidential Decree, and no constructor shall allow any third person to receive a contract for or perform construction works using his/her name or trade name, or lend his/her construction business registration certificate

Nevertheless, the Defendant lent the name of “B” corporation with a construction license without registration from the Minister of Land, Infrastructure and Transport from October 22, 201 to April 201, the Defendant performed the construction work of “H Hospital New Construction Project”, which is a construction work with a construction cost equivalent to KRW 900 million on the ground from the former North Korea Island F, G, and construction work with a four story above the ground.

2. Defendant A is the representative director of Defendant B.

No constructor shall allow another person to contract or perform construction works by using his/her name or trade name, or lend his/her construction business registration certificate or construction business registration pocket book to another person.

Nevertheless, on October 2010, the Defendant received a proposal from the above B office located in the Ha in the Hansan-si, Hansan-si, the Defendant agreed to pay 7% of the construction cost as the name lending fee if he borrowed the name of B,” from C without a construction business license.

After that, from October 22, 2010 to April 201, the Defendant had C perform the construction work under the name of B, “H Hospital Construction Work,” which is a construction work of the size of four stories above ground from F and G to F and G, the construction cost of which is equivalent to KRW 900 million on the ground.

3. Defendant B, at the date and place specified in paragraph (2), the Defendant, a representative of the Defendant Company, had the Defendant commit the same act of violation as described in paragraph (2).

Summary of Evidence

1. Part of Defendant C’s legal statement (the part concerning the non-registered construction business)

1. Each prosecutor's interrogation protocol against the Defendants and J

1. Each protocol of examination of the witness with respect to C, K and L;

1. A copy of the contract (investigative records 34 pages);

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