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(영문) 광주지방법원 목포지원 2015.01.05 2014고정509
건설산업기본법위반
Text

Defendants shall be punished by a fine of four million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A was the representative director of a limited liability company B located in D at Mayang-si, and Defendant B was a corporation established for the purpose of reinforced concrete construction business, stone construction business, etc.

1. No defendant A constructor shall subcontract all of contracted construction works, or most of the major parts prescribed by Presidential Decree to another constructor;

Defendant

E. After receiving the award of KRW 18,735,00,00 for G construction ordered by F, the G construction was awarded to Company I in KRW 13,118,138,00,00, and then subcontracted the entire amount of the said construction to Company I in the office of a limited liability company H/401 on May 14, 2012.

2. A, the representative director of the defendant limited liability company B, was the defendant's business violation as described in paragraph (1).

Summary of Evidence

1. Legal statement of the witness J;

1. Copy of corporate register:

1. - Work execution agreements (side contracts), - Requests for completion and settlement of accounts, and agreements;

1. - The notice of successful bidder ("subcontract" under Article 2 subparagraph 12 of the Framework Act on the Construction Industry refers to a contract that the contractor concludes with a third party to contract all or part of the contracted construction work. According to the evidence above, the defendant limited company B entered into with the limited company I (hereinafter "the instant construction work").

A) It is recognized that a limited liability company I commenced the instant construction work and performed the instant construction work at least one month upon entering into a contract to contract the entire construction work again. Thus, even if the limited liability company I renounced the instant construction work and thereafter Defendant B performed the instant construction work, it does not affect the establishment of a crime of violating the Framework Act on the Construction Industry) applying the law and regulations.

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 96 subparag. 4 of the Framework Act on the Construction Industry and Article 29(1) of the same Act;

B. Defendant B: Articles 98(2), 96 subparag. 4, and 29(1)1 of the Framework Act on the Construction Industry.

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