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Defendants are not guilty.
Reasons
1. Defendant A is a person who actually operates Defendant B Co., Ltd. (hereinafter “B”), D is a relative with Defendant A and his relative, and D was willing to change the form and quality of land upon obtaining permission to collect earth and stones in the name of Defendant B operated by Defendant A.
Defendant
A Constructor who violates the Framework Act on the Construction Industry shall not have another person receive a supply of or execute construction works using his/her name or trade name.
Nevertheless, around February 2, 2008, Defendant A obtained permission for development activities such as gathering soil and rocks in the name of the construction company run by Defendant A, so that Defendant A could collect soil and rocks on land of the land of the land of the land of the land of the land of the land of the land of the land of the land of the land of the land of the land of the land of the Da, the Dong-dong, the Dong-dong, the Dong-dong, the
As a result, Defendant A had D carry out construction using B’s name.
B. Defendant B Co., Ltd.
As stated in paragraph (1), A, an employee of the defendant corporation, committed an offense in connection with the defendant's business.
2. Determination:
A. The Defendants asserted that ① development activities permitted under the name of D (hereinafter “instant development activities”) are not limited to construction business licenses or registered constructors, and ② enable D to obtain permission for the instant development activities under the name of D, not to avoid the provisions of the Framework Act on the Construction Industry, but to allow B to use earth and sand gathered through the said development activities. This act does not constitute prohibited acts under Article 21 of the Framework Act on the Construction Industry.
(b)the legislative intent of the Framework Act on the Construction Industry for the purpose of ensuring diversity, proper execution of construction works and sound development of the construction industry, or the licence and registration of construction business to achieve this objective;