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(영문) 서울중앙지방법원 2019.01.30 2018고정2068
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

B A stock company (hereinafter referred to as “B”) is a corporation established for the purpose of a specialized construction business, and C is the representative director of B.

D is the owner of the construction as the representative of apartment occupant at the time of the construction work for rupture repair and reconstruction of apartment E-gu Seoul Special Metropolitan City, which was constructed between July 21, 2014 and November 7, 2014 by B, and the defendant is the director of the council of occupants' representatives at the time of the construction work for rupture repair and reconstruction of apartment.

No ordering person, contractor, subcontractor, subcontractor or interested person shall acquire or provide economic benefits or assets in exchange for an unlawful request in connection with the conclusion of a contract agreement or the execution of construction works.

The Defendant and D promised that the Defendant would use the situation in which the construction is not carried out as soon as possible, in the process of performing the rupture repair and re-building construction of the above apartment complex in B, the Defendant and D promised that the Defendant would use the situation in which the construction is not carried out as soon as possible, and would receive money and valuables in return for the promise to receive money and valuables. On July 1, 2014, the Defendant and D received the illegal solicitation from the employees G of the Gangnam-gu Seoul F hotel 1st Kafe, Seoul, to the effect that the occupants of the above apartment rupture repair and re-building construction would not cover the cost due to the defects of the construction and help the construction be completed smoothly.

Summary of Evidence

1. Each legal statement of witness G and D;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Each police interrogation protocol regarding C;

1. Application of Acts and subordinate statutes to the entire certificate of registration;

1. Article 95-2 and Article 38-2(1) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017); Article 30 of the Criminal Act; the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant and D under Article 48(1)2 and (2) of the Criminal Act shall be additionally collected.

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