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(영문) 수원지방법원평택지원 2020.10.07 2020고정262
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 1,500,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the substantial representative of Defendant B (formerly: C) and D operates E, and Defendant B was awarded a contract from the F Company G on May 4, 2018, with the “F Company G new taxiH construction work.” On the 1st day, Defendant A’s contractor of the construction work ought to subcontract to the construction business operator who has registered the type of business corresponding to the construction work. Nevertheless, the Defendant subcontracted the said “H new construction work” to E, which was not registered in the construction business on May 4, 2018.

2. Defendant B, a representative of the Defendant, subcontracted to E, which was not registered in construction business, as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of police suspect regarding D;

1. A petition and attached materials;

1. Business registration certificate (E);

1. Application of the Acts and subordinate statutes to investigation reports (report on attachment of C corporate register of a stock company) and accompanying materials;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Subparagraph 4 of Article 96 of the Framework Act on the Construction Industry and Article 25 (2) of the same Act;

(b) Defendant B: Article 98(2), Article 96 subparag. 4, and Article 25(2) 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. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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