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(영문) 대구지방법원 2016.07.14 2015고단5218
건설산업기본법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, by a fine of ten million won for the defendant corporation B.

However, the defendant A.

Reasons

Punishment of the crime

1. No defendant A constructor shall subcontract most of the whole or part of the contracted construction works to another constructor;

Nevertheless, the Defendant was awarded a contract for the contract amount of KRW 1,165,717,00 (up to KRW 1,457,200,000 after increase in the contract amount) from the port-based around August 9, 201, and subcontracted all of the construction works contracted around October 201 to F Co., Ltd.

The facts charged are as follows: “The Defendant was awarded a contract for the contract amount of KRW 1,165,717,000 for the Nam-gu D D D D D D D from around August 9, 201 to KRW 1,45,717,200 (up to KRW 1,457,200,000). Around October 201, the part of the steel reinforced concrete construction work of the said construction work is subcontracted to the LAF with KRW 258,50,000, and around October 201, the subcontracted amount of the said construction work is KRW 393,80,000 (up to KRW 579,40,000,000).

Accordingly, the Defendant subcontracted all of the contracted construction work to another constructor.

“” However, since it is the summary of the facts charged that a subcontract for all the contracted construction works was subcontracted, it is deemed that the identity of the facts charged is recognized and that there is no risk of causing a substantial disadvantage to the defendant’s exercise of his/her right of defense

2. Defendant B is a corporation that aims at civil engineering work business.

The defendant, who is the representative director, subcontracted all construction works contracted to him for the defendant's business to another constructor, as prescribed in paragraph (1).

Summary of Evidence

1. Legal statement of witness G;

1. Statement of the police statement related to G;

1. An agreement (Evidence 7), a confirmation letter (Evidence 26), a content verification (Evidence 42), an account transaction statement (Evidence 44), a material delivery contract (Evidence 46), a confirmation statement (Evidence 47), a factual inquiry reply (Evidence 49), a written estimate, etc.;

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