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(영문) 의정부지방법원 2021.03.11 2020고정1707
건설산업기본법위반
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Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If B does not pay the above fine, 100.

Reasons

Punishment of the crime

1. No defendant B construction business operator shall subcontract all of the contracted construction works or most of the main parts prescribed by Presidential Decree to another construction business operator, and shall allow any third person to perform construction works by using his/her name or trade name;

On November 11, 2015, the Defendant: (a) contracted the installation work of an excellent type sewage pipe C (hereinafter “the instant construction work”) to KRW 924,594,000 for the construction cost; (b) subcontracted the entire construction work under the condition that, around November 1, 2015, the Defendant paid KRW 85% of the construction cost to F who operates E at the A office located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), and ordered F to perform the instant construction work using the trade name of A.

2. The above B, the representative of the defendant A defendant corporation, committed a violation identical to the content set forth in paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the prosecution with regard to G;

1. A protocol concerning the examination of each police suspect against F and H;

1. Each police statement made to I (tentative name), J and K;

1. The application of statutes to publicly announce electronic bids for construction of facilities and replys requesting cooperation in investigation;

1. Article 96 Subparag. 3 and Article 21(1) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017) and Article 96 Subparag. 3 and Article 21(1) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017); and Article 21 of the Framework Act on the Construction Industry applicable to this part are identical before

Article 96 Subparag. 4 and Article 29(1)(a) of the former Framework Act on the Construction Industry (amended by Act No. 14708, Mar. 21, 2017); and Article 98(2), Article 96 Subparag. 3, and Article 21(1)(a) of the former Framework Act on the Construction Industry (amended by Act No. 14708, Mar. 21, 201); and Article 98(2), Article 96 Subparag. 3, and Article 21(1)(a) of the Framework Act on the

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