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(영문) 인천지방법원 부천지원 2016.05.10 2016고단545
건설산업기본법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A sewage supplier of a construction work shall not re-subcontract the construction work he/she has subcontracted to any third person.

Nevertheless, on April 29, 2013, the Defendant was awarded a subcontract for water supply and drainage works (cost of KRW 2,55,683,900) from NAS Construction Co., Ltd., a supply and demand of D, a supply and demand of D, which is a supply and demand of D) ordered by the Korea Environment Corporation, and re-subcontracted the base destruction works (price of KRW 730,000,000) to E, a non-registered constructor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A lease agreement for temporary lease;

1. Application of statutes on a construction machinery lease agreement;

1. Relevant Article 96 of the Act on the Construction Industry and Articles 96 subparagraph 4 and 29 (3) of the Framework Act on the Selection of Punishment for Crimes, and Selection of Imprisonment;

1. The defendant's crime of sentencing under Article 62 (1) of the Criminal Act (Consideration favorable to the defendant) is an act contrary to the purpose of the Framework Act on the Construction Industry to prevent harm to defective construction works caused by re-subcontracts, the defendant's work cost covered by re-subcontract amounts to KRW 730 million, and the defendant has no record of criminal punishment, and the defendant reflects his/her mistake, etc. shall be determined by comprehensively taking into account all the favorable sentencing factors such as the following:

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