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(영문) 대구지방법원 안동지원 2018.03.23 2017고정168
건설산업기본법위반
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B, and the defendant corporation B is a corporation established for the purpose of maintaining and managing facilities located in the Gu and Si, and Eul is the representative of the "YHHHHE (State I)" established for the purpose of maintaining and managing facilities in Ansan-si F and Daegu-si, and the representative of the "YHHHE" established for the purpose of maintaining and managing facilities.

1. Notwithstanding the fact that a constructor of the crime of J and Defendant A cannot subcontract all of the contracted construction works or most of the main parts prescribed by Presidential Decree to another constructor, he/she concluded a subcontract with E in the name of the contracting owner of the construction work amount equivalent to 80% (1,373,928,240 won) of the above construction amount at the above Mine Construction Office on January 2, 2015, and Defendant A entered into a subcontract with E in the name of the contracting owner of E in the name of the construction amount equivalent to 82% (1,717,410,300 won) of the above construction amount at the same time as the joint contractor and the contract amount equivalent to 1,717,410,300 won of the construction amount, and Defendant B entered into a subcontract with E in the name of the contracting owner of E in the name of the construction amount equivalent to 82% of the above construction amount at the same time as the contracting owner of E in the name of the above office.

As a result, J and Defendant A subcontracted all of the contracted construction work to another person.

2. Defendant B, a representative of the Defendant, committed an act identical to that set forth in paragraph (1) with respect to the business of the corporation.

Summary of Evidence

1. Defendant A’s legal statement

1. The protocol of suspect interrogation of each police officer regarding E;

1. A written statement;

1. Application of Acts and subordinate statutes to a copy of documents related to a contract for construction works, such as a construction contract, a copy of the contract for K repair works, and a copy thereof;

1. Relevant Article of the Act and the choice of punishment for the crime;

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

B. Defendant B:

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