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(영문) 수원지방법원 안산지원 2015.01.13 2014고단1246
건설산업기본법위반
Text

Defendant

A Imprisonment of six months, Defendant B’s fine of KRW 5,00,000, and Defendant C’s fine of KRW 7,000,000, respectively.

Reasons

Punishment of the crime

1. Defendant A

(a) No constructor shall allow any other person to contract or perform construction works by using his/her name or trade name, or lend his/her construction business registration certificate or construction business registration pocket book to any other person;

Nevertheless, around November 2, 2011, the Defendant received a contract for new construction of the Mapo-gu Seoul Metropolitan Government Multi-household from the F Office located in Gangnam-gu Seoul Metropolitan Government E, using the trade name of the C Company run by the Defendant.

(b) No constructor shall allow any other person to contract or perform construction works by using his/her name or trade name, or lend his/her construction business registration certificate or construction business registration pocket book to any other person;

Nevertheless, at the above F Office around November 2, 201, the Defendant received a new construction project from the Yeongdeungpo-gu Seoul Metropolitan Government HDa-household using the trade name of the C Co., Ltd. that the Defendant operated.

(c) No constructor shall allow any other person to contract or perform construction works by using his/her name or trade name, or lend his/her construction business registration certificate or construction business registration pocket book to any other person;

Nevertheless, around November 15, 201, at the J Office located in Mapo-gu Seoul Metropolitan Government I, after using the trade name of the Defendant C corporation run by the Defendant, it was required to supply and perform the new construction of K Multi-household in Mapo-gu Seoul Metropolitan Government I.

Accordingly, the defendant received a contract for construction work from B through three times using the trade name of C Co., Ltd.

2. The Defendant C Co., Ltd., as a juristic person aiming at the engineering work, and at the above time and place, A, the representative of the Defendant, provided that he received construction contracts using his trade name with respect to the Defendant’s business three times as above.

3. As described in paragraph (1), Defendant B receives a construction contract by using the trade name of the C Co., Ltd. which is a constructor three times.

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