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(영문) 부산지방법원 2017.07.05 2015고단5982
건설산업기본법위반
Text

Defendant

A A shall be punished by a fine of 10 million won, and Defendant B shall be punished by a fine of 5 million won.

Defendant

B above.

Reasons

Punishment of the crime

1. Defendant B is a person who has been working for a corporation A, a company performing specialized construction works under the Framework Act on the Construction Industry, such as steel and concrete construction works, soil construction business, etc. in Busan Geum-gu E.

On June 11, 2012, A Co., Ltd. was awarded a subcontract for civil engineering works among the construction works for the creation of the Franchi-gun F in Gyeonggi-do, which are implemented by the construction of brickd Products, and in such cases, A is prohibited from sub-subcontracting to any other person who he/she has subcontracted

Nevertheless, on August 2012, the Defendant given a subcontract to G, a non-registered constructor, for construction works, such as steel bars in an amount of KRW 1.24 billion in the market price, fry, fry, and fyscop, at the above-mentioned site office in F.

2. Defendant A Co., Ltd. committed the act as set forth in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Each legal statement of a witness G, H, I, and J;

1. A copy of each complaint-a copy of each sheet, a copy of each sheet, a copy of each written reply, a certified copy of a corporate registry, a copy of a written confirmation, a copy of a business registration certificate (K), a written estimate, a copy of a bridge, a copy of a bridge, a copy of a bridge, a copy of the K primary construction settlement plan, a copy of the statement of payment, a copy of the invoice, a copy of the invoice, a transaction invoice, a copy of each passbook (CF), and a copy of a written

1. A copy of a subcontract agreement for construction works, a copy of tax invoice, and a copy of a statement of daily labor cost payment;

1. As to the Defendants’ assertion and determination of a copy of the report on internal investigation (in addition to materials submitted to the truth-finding)

1. The Defendants asserted that the Defendants did not re-subcontract the steel bars, fry, fry, and rocked construction among the civil engineering works subcontracted by the construction of brickworks to Defendant A Co., Ltd. (hereinafter “Defendant Company”) and this G.

Defendant

B argues that even if it is recognized that the Defendant Company re-subcontracts with G, it is not the subject of the re-subcontracts.

2. In full view of the evidence duly adopted and examined by this Court.

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