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(영문) 의정부지방법원 2019.10.24 2019고정1293
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

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

Reasons

Punishment of the crime

1. Defendant A is a person who operates earth and sand works and waterworks and sewerage facilities construction works, which are “B stock companies” in the Guri-si City.

No constructor shall subcontract all of his contracted construction works to another constructor.

Nevertheless, around May 23, 2018, the Defendant subcontracted all of the contracted construction works to another constructor by B, the representative director of which is the Defendant, who was awarded a contract for the installation of the D community hall adjacent to the D community hall, to E in a lump sum, by entering into a contract for the installation of the said construction works from the large viewing by the Defendant as the representative director.

2. Defendant B Co., Ltd. (F) neglected the duty of care for the same violation as described in paragraph (1) of this Article, the representative director of the Defendant, in relation to the Defendant’s business at the same time and place as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of G and H;

1. Construction contract form, each construction business registration certificate, each business registration certificate, each business registration certificate, each transaction statement, cost statement, cost statement, work cost statement, dump use fee statement, tax invoice, I construction machinery rental certificate, estimate, e-mail statement sent to B in the vicinity of the D community hall, construction contract, and construction commencement date;

1. Application of construction site photographs and G E-mail photograph Acts and subordinate statutes;

1. Defendant A: Article 96 subparag. 4 and Article 29(1) of the Framework Act on the Construction Industry; Defendant B who selects a fine: Article 98(2), Article 96 subparag. 4 and Article 29(1) of the Framework Act on the Construction Industry;

1. Defendant A at 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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