(영문) 의정부지방법원 2017.04.27 2015고정2127

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(영문) 의정부지방법원 2017.04.27 2015고정2127

건설산업기본법위반

Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. From May 23, 2011 to the end of February 2011, Defendant A agreed to obtain a construction business license (construction business) license by paying 4% of the construction cost to ensure that F can carry out civil engineering works on the land outside E in both cities of Gyeonggi-si from the end of February 2011, and leased the construction business license.

2. Defendant B Co., Ltd. (hereinafter “Defendant Company”) leased a construction business license as a corporation for which A is the representative director, and A lent a construction business license as prescribed in paragraph (1).

Summary of Evidence

1. Statement made by the witness G in the third public trial records;

1. Statement made by the witness F in the fourth public trial record;

1. Entry of part of the witness H in the eight-time public trial records;

1. A standard contract for civil engineering works;

1. A certified copy of the registry, a business registration certificate, and a construction business registration certificate [the defendants asserted that the construction of this case was subcontracted to F (I prior to the change) and did not lend a license.

On May 23, 2011, the circumstances acknowledged by the evidence duly adopted and investigated by this Court, i.e., ① the contractor J, the contractor company (the above contract submitted by the G is printed only on the name of the defendant A, and the company name is not specified and the corporate seal is not affixed even on the corporate seal) and the contractor I. According to the special terms and conditions, the "I is responsible for the construction, delay, extension, etc. of the contract with the defendant A, and I is a substantial contractor until the completion of the construction, all duties and progress are in line with I. According to G, which is a contractor, ② according to the following: (a) the contractor, one of the contractors, has entered into a contract with the F without the first contract and has completed the construction work without the contract, and has been written and sealed, and (c) the FF's employee was a full-time contractor.

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