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(영문) 서울중앙지방법원 2017.01.24 2016고정3807
소방시설공사업법위반
Text

Defendants shall be punished by a fine of KRW 2,500,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the representative of the Songpa-gu Seoul and the second floor B Co., Ltd., and Defendant B Co., Ltd is a corporation established for the purpose of fire-fighting work business, etc.

1. No person awarded a contract for fire-fighting system installation to a third party shall subcontract fire-fighting system installation;

Nevertheless, on February 26, 2014, the Defendant subcontracted the entire fire-fighting system construction works to H on April 1, 2014, after being awarded a contract in the field of fire-fighting systems among “G long-term rental housing construction works” ordered by E.S. Corporation at a line construction (ju) office located in Jung-gu Seoul, Jung-gu and 126.

2. Defendant B Co., Ltd. committed the same offense as that set forth in paragraph (1) against Defendant A, who is an employee of the Defendant, at the time and place set forth in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on violations of Acts and subordinate statutes related to fire service;

1. A report on illegal subcontracting of civil petitions;

1. Application of Acts and subordinate statutes of the contract for construction;

1. Article 36 subparagraph 6 of the Fire-Fighting Facility Construction Business Act and subparagraph 6 of the sentence: The fire-fighting facility corporation and the defendant B corporation: The selection of fines under Articles 39, 36 subparagraph 6, and 22 of the Act on the Construction Business of Fire-Fighting Systems;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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