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(영문) 대구지방법원 영덕지원 2018.08.22 2018고단110
건설산업기본법위반
Text

Defendant

A and B shall be punished by a fine of KRW 7 million, Defendant C and C shall be punished by a fine of KRW 5 million.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant C, a comprehensive construction company established for the purpose of civil engineering work business, etc., and Defendant B is the director of Defendant D, a specialized construction company established for the purpose of the construction business of steel reinforced concrete.

1. No defendant A constructor shall subcontract all of his/her contracted construction works to another constructor;

Nevertheless, on August 20, 2015, the Defendant awarded a contract for “G” with the Young-gun to KRW 3,04,052,520,00 of the total construction cost. Around August 22, 2015, Co., Ltd. D substantially performed the said construction work between B and B, but at the cost of construction paid by Co., Ltd. in Young-gun, 23% of the amount calculated by deducting various insurance premiums and value added taxes, etc., out of the construction cost paid by Co., Ltd. in Young-gun; and D agreed to execute construction works with the remainder of money.

Accordingly, the Defendant subcontracted the entire “G” received to D.

2. Around August 22, 2015, Defendant C Defendant C’s representative, committed an illegal act as described in paragraph (1) with respect to the Defendant’s business.

3. No person who is a defendant B shall carry on construction business without making a registration;

Nevertheless, as described in paragraph (1) around August 22, 2015, the Defendant received a package subcontract from A to June 15, 2017 with respect to “G”, and performed construction works from August 26, 2015 to June 15, 2017, the Defendant, despite the absence of registration for packaging construction business, metal structure hold construction business, and painting construction business, performed packaging construction works, and construction works for traffic safety facilities requiring registration.

Accordingly, the defendant did construction business without registration.

4. Defendant D Defendant D’s in-house directors and substantial representative B committed an illegal act as described in paragraph (3) with respect to the Defendant’s business from August 26, 2015 to June 15, 2017.

(i) the evidence;

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