logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2013.11.29 2013고단3182
건설산업기본법위반등
Text

Defendants shall be punished by a fine of KRW 10,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Criminal facts

1. No defendant A constructor shall allow any third person to contract or perform 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 any third person;

On November 11, 2009, the Defendant acquired and operated B Co., Ltd. (hereinafter referred to as “B”) and registered the Defendant as the representative director from November 12, 2009 to December 5, 201, and registered the Defendant as the representative director from December 6, 201.

With respect to five construction works ordered by F from May 2, 2011 to October 2011 (G new construction works, H college dormitory expansion works, I hotel construction works, J plant construction works, and K Factory Construction works, the Defendant agreed from F to receive 4% of the construction cost for the said new G construction works and H college expansion works, and 5% of the construction cost for the remaining site as the so-called “license rental fee,” and had F perform the said construction works using the trade name of B from May 2, 201 to October 201.

2. Defendant B Co., Ltd. is a corporation with the objective of specialized construction business, such as Saturdays and reinforced concrete construction business.

Defendant

The Company A, a representative director of the Company, committed the same act as the stated in paragraph (1) with respect to its business.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of suspect examination of the police against F;

1. Copies of statement of witness by the police concerning L;

1. Application of Acts and subordinate statutes to a copy of each construction contract (No. 13 through 16, No. 52);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 96 Subparag. 4 and Article 21(1) of the former Framework Act on the Construction Industry (Amended by Act No. 10719, May 24, 201); the selection of fines

B. Defendant B corporation: Articles 98(2), 96 subparag. 4, and 21(1)1 of the former Framework Act on the Construction Industry.

arrow