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(영문) 부산지방법원 2016.06.08 2015고정4715
건설산업기본법위반
Text

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

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

Any person who intends to run a construction business shall register the specialized construction business with the Minister of National Land, Infrastructure and Transport for each type of business prescribed by Presidential Decree.

1. Defendant B, without registering a specialized construction business, received a subcontract for construction business on October 15, 2014 from the representative F of “E” who was awarded a contract for the remodeling of the outer walls of the said hospital in an amount equivalent to KRW 30 million from the hospital’s construction cost, which is equivalent to KRW 330,000,000 from the hospital, for the remodeling of the outer walls of the said hospital, the tin of the tin of the outer walls of the said hospital, and the tin of the outer walls of the said hospital at KRW 181,00.0.

2. Defendant A engaged in the construction business with the trade name of “H” in Busan-gu G, Busan-gu, without registering the specialized construction business. Defendant A subcontracted the construction business with the construction work of 90,100,000 won for the remodeling of the outer wall of the above D Hospital from Defendant B at a place where it is impossible to identify the around November 20, 2014.

Summary of Evidence

1. The Defendants’ respective legal statements

1. The legal statement of the witness B (defendant A) and the witness I’s partial legal statement;

1. A protocol concerning the examination of suspect of F or Defendant B;

1. Part of the protocol concerning the examination of suspect against the defendant A

1. Details of the execution agreement prepared by the defendant B and a copy of the contract for construction cost;

1. As to whether each specialized construction business is registered (Defendant B and H) and a copy of the subcontract agreement for construction works (first, whether Defendant B is engaged in the construction business or not, the following circumstances that may be acknowledged by considering the above evidence, namely, that Defendant B was awarded a subcontract for D hospital outer walls remodeling works (hereinafter “the instant construction works”) from E upon undergoing an investigation by the police.

(2) Defendant B was made a verbal subcontract to the instant construction from F by an investigative agency

While making a statement, it is stated to the effect that the content of the subcontract for construction works (the 76 pages of investigation record) submitted to the Busan Regional Labor Agency is consistent with the facts, and ③ E is the defendant A and him.

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