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(영문) 수원지방법원 안양지원 2016.11.02 2016고단1411
건설산업기본법위반
Text

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

Defendant

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

Reasons

Punishment of the crime

1. No person who is a defendant A shall supply or execute construction works by using the name or trade name of another constructor;

Nevertheless, the Defendant, as the representative director of Company B located in Sipoposi, was the Defendant, around April 19, 2013, agreed to pay the amount equivalent to 15% of the construction cost to G from the construction site of “E” located in Sipoposi, Siposi, and the representative director of the Franpo City, which is the construction business company that ordered the said construction from the Si/Gunposi, as the fee for the lease of the name. Under the agreement, the Defendant performed the said construction work using the F company’s trade name from April 25, 2013 to October 21, 2013.

2. Defendant B, a corporation established for the purpose of the construction business of water supply and drainage facilities, etc., and A, a representative of the Defendant, committed a violation as described in the above paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of H;

1. A copy of the statement, such as G, I, etc.;

1. Application of Acts and subordinate statutes to certified corporate register;

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

A. Defendant A: Article 96 Subparag. 3 and Article 21(1) of the former Framework Act on the Construction Industry (Amended by Act No. 12580, May 14, 2014; hereinafter the same shall apply) (Selection of Fines)

B. Defendant B: Articles 98(2), 96 subparag. 3, and 21(1) of the former Framework Act on the Construction Industry

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Although the grounds for sentencing under Article 334(1) of the Criminal Procedure Act are inferior to each of the crimes of provisional payment orders, various sentencing conditions, including the fact that the errors are against each other and there are no criminal records of the same kind, including the background of the crimes and the scale of the construction

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