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(영문) 춘천지방법원 강릉지원 2013.07.24 2012고정289
건설산업기본법위반
Text

Defendant

A A shall be punished by a fine of 3,000,000 won, Defendant B shall be punished by a fine of 2,00,000 won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Although Defendant A’s constructor was prohibited from allowing another person to receive or perform construction works using his name or trade name, the Defendant is “I et al. under the supervision of H Co., Ltd. (hereinafter “H”) which is operated by G (hereinafter “instant construction”) under a subcontract for construction works for the project to improve water-related wetlands in the 09 E Zone F (hereinafter “the instant construction works”).

Along on May 8, 2009, G was invited to borrow the name, and G was constructed by accepting the construction work amount of KRW 352,000,000 for the construction work cost at the friendly Industrial Development Office, which is located in Bupyeong-gu, Bupyeong-gu, Kim Chang-gun, Gangwon-do, Bupyeong-do, Seoul, by using the said construction work in I’s trade name.

Accordingly, the defendant had G receive a contract or execute a construction work using his trade name.

2. Defendant B;

A. The Defendant and the J violation of the River Act, in collusion with J, obtained permission from the river management agency in order to collect earth and stones within the river area, despite the fact that the Defendant and the J obtained permission from the river management agency, and collected them by removing approximately 150 cubic meters of earth and rocks, such as natural rocks, from the F, the construction site of the construction site of the “09 E Zone F Water Wetlands Improvement Project” located in K at the same time in the East Sea without obtaining the above permission from the river management agency on July 2009.

B. The Defendant and M’s Defendant in violation of the River Act, in collusion with M, obtained permission from the river management agency in order to collect earth and rocks within the river area without obtaining permission from the river management agency on July 2009. However, the Defendant is in the same Dong by using approximately 30 cubic meters of earth and rocks, such as natural rocks, at the site of “Franchising project for improving water and marine wetlands in the East Sea Zone F in the East Sea without obtaining permission from the river management agency on July 2009.

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