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(영문) 수원지방법원 성남지원 2014.03.07 2013고단3101
건설산업기본법위반
Text

Defendant

A Imprisonment with prison labor for 6 months, for Defendant B to 8 months, for Defendant C and for Defendant C to 10,000.

Reasons

Punishment of the crime

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

Nevertheless, during the early December 2012, 201, the Defendant subcontracted to D Co., Ltd. the contracted construction work by having D Co., Ltd. perform the roof repair work on KRW 1,139,050,000 for construction cost of KRW 1,199,000 from the F Apartment Management Office in Seongbuk-gu, Sungnam-si, Sungnam-si, which was contracted by C at KRW 1,199,000.

2. A defendant B shall not subcontract all of his contracted construction works to another constructor, and a contractor shall subcontract the type of business corresponding to the details of the construction works to a registered constructor;

Nevertheless, on December 2, 2011, the Defendant rendered a lump sum subcontract in KRW 768,00,000 to H who did not register a specialized work business type corresponding to the roof repair work at the office D office in Seocho-gu Seoul Metropolitan Government, the third floor of the Defendant’s operation of the Seocho-gu G Building, such as the preceding paragraph, for the roof repair work of the F apartment subcontracted by C, as in the preceding paragraph.

In addition, the Defendant, around March 31, 2012, suspended the roof repair work, subcontracted the entire construction work contracted to a constructor who did not register the category of specialized construction work corresponding to the roof repair work by granting a lump sum subcontract to a first person who did not register his/her business category of specialized construction work corresponding to the roof repair work to continue the construction work on April 2012.

3. Defendant C is a corporation whose purpose is construction business.

The defendant, who is the representative, subcontracted all of the roof repair work contracted to D, as in paragraph (1), in relation to the defendant's business at the same time and place as in paragraph (1).

4. The defendant corporation.

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