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(영문) 수원지방법원 안산지원 2016.01.12 2014고정111
건설산업기본법위반
Text

Defendant

A A The fine of KRW 7 million, the fine of KRW 5 million for Defendant B, and the fine of KRW 5 million for Defendant C Co., Ltd.

Reasons

Punishment of the crime

1. Defendant A is the actual operator of Defendant A (State).

No constructor shall have another person receive a contract for or execute 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 another person.

Nevertheless, the Defendant received a proposal that “a construction business license is lent” from B without a construction business license and accepted it.

On April 26, 2012, from around January 2013 to around January 2013, the Defendant had B perform construction works using the trade name of Section (State) such as: (a) supply of and demand for reconstruction works in the name of Section C (State); (b) giving a subcontract for construction works; (c) giving a subcontract for construction works to Section B (State); and (d) giving a subcontract for construction works to Section (State).

2. No defendant B shall execute construction works by using the name or trade name of another constructor;

A. (State) J’s representative director. “A request for a construction business license from the Defendant without a construction business license” was presented and consented, and the Defendant supplied and performed the reconstruction construction work in the name of the J from January 27, 201 to March 20, 201, the construction work of the machinery and equipment from January 27, 201, to March 20, 201, was subcontracted to the Cheong New Engineering. Of which, the construction work was subcontracted to the Telecommunication (State), the construction work was subcontracted to the Elecommunications Development (State), subcontracted to the Ma operating the household L, subcontracted to the Ma operating the household construction work, and had the NA perform the construction work by giving a subcontract to the O operating N and giving it to the NA who subcontracted the construction work.

In collusion with P, the Defendant received and performed the reconstruction work under the name of the J (State)J at the same time and place as above, in collusion with P.

B. The Defendant is P.

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