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(영문) 서울중앙지방법원 2016.03.04 2015고단7970
건설산업기본법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Framework Act on the Construction Industry under a brokerage of execution by another person shall arrange for the acts of having a constructor receive or perform construction works by using his/her name or trade name;

Nevertheless, the Defendant, at around April 1, 2011, ordered (ju) F Office in Gwangjin-gu, Seoul Special Metropolitan City, using the name of “(ju)F,” that is ordered by the Seodaemun-gu Office, Seoul Special Metropolitan City, for the “road display line color and removal works (the total construction cost of KRW 165,100,000)” that is ordered by the office of Seodaemun-gu, Seoul Special Metropolitan City.

“On April 201, after obtaining the said G’s permission that did not have a direct construction capacity due to the lack of equipment and human resources, H, a company operating a company specialized in the second-hand luxing service for patrolmen, transferred the said construction work in whole to H, 65% after subtracting 10% of the construction cost from the title of mediation expenditure, and H, a company operating a company specialized in the second-hand luxing service for the second-hand luxing service, H assisted I to perform the said construction work using the trade name of F.

In addition, the Defendant’s list of offenses committed during the period from around that time to March 2015.

1. As described, the construction was arranged in the name of another person six times.

2. No person who violates the Framework Act on the Construction Industry following the mutual use of another person shall perform construction works by using another constructor's name or trade name;

Nevertheless, on March 9, 2011, the Defendant, at the (ju) K office located in the Seocho-gu J on March 9, 201, ordered to construct the above (ju) K office using the said (ju), K’s trade name, 63% of the total construction amount to L by the above (ju) K representative director who was awarded a contract for the annual unit price for the maintenance and repair of the parking zone for residents in 201 (243,496,000 won in total) with the residents’ priority of the residents in Jung-gu Office in Seoul Special Metropolitan City.

In other words, the construction work has been executed in the name of K after obtaining permission from K representative director who has no construction equipment and human resources to perform the construction work.

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