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(영문) 수원지방법원 2015.05.28 2015고단851
건설산업기본법위반
Text

1. Defendant A shall be punished by imprisonment for four months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is the representative of the Company B.

Notwithstanding the fact that a subcontractor is unable to re-subcontract a subcontracted construction work to another person, the Defendant re-subcontracted the subcontracted construction work to F on February 7, 2014, with the contract price of KRW 698,50,000, and the starting date of construction as of February 8, 2014, the subcontractor received the subcontract on July 31, 2014, on the condition that five percent of the construction cost is paid at the fee.

2. Defendant B is a company that aims to engage in specialized construction business of reinforced concrete.

A, the representative of the defendant, re-subcontracts all the subcontracted construction works to others, as described in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about G, H, I, and F;

1. The application of Acts and subordinate statutes to accusation forms and attached materials, B companies, and standard subcontract agreements for construction works;

1. Article 96 subparagraph 4 of the Framework Act on the Construction Industry and Article 29 (3) (Options of imprisonment): Defendant B stock company: Articles 98 (2), 96 subparagraph 4 of the Framework Act on the Construction Industry, and 29 (3)

1. Defendant A who has been suspended from execution: Article 62 (1) of the Criminal Act (see, e.g., the facts that the Defendant reflects on his gender, that there was no record of punishment exceeding a fine, that the main work was completed without a big deviation, the scale of the subcontracted work, and the financial situation of

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant B stock company: Article 334 (1) of the Criminal Procedure Act;

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