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(영문) 서울북부지방법원 2015.04.02 2014고정2976
건설산업기본법위반
Text

Defendants shall be punished by a fine of three million won.

Defendant

Where an alternative recipient fails to pay the above fine.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation with the objective of machinery and equipment works, building pipeline works, etc., and Defendant A is the representative director of Defendant B.

1. Although Defendant A’s contractor should subcontract the construction work to a constructor who registered the type of business corresponding to the construction work, the Defendant, from September 2012 to January 2013, 2013, subcontracted the installation work of water supply pipes replacement work, individual heating conversion work, and posters pumps construction work for the seven and 574 households in Gangnam-gu Seoul Metropolitan Government from September 2012 to January 2013 to G, a constructor, in collusion with inside director E and vice-F of the company B, and subcontracted the removal work of heating and water supply facilities to G, a non-registered constructor.

2. Defendant B, a representative director of the Defendant, subcontracted the above removal work part to G, a non-registered constructor, as described in paragraph (1), at the time and place described in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. Each protocol of prosecutorial statement concerning G, E, and F;

1. Each police statement made to H and I;

1. Written contract, human resource forwarding contract, construction business registration certificate, construction contract, tender notice, application of Acts and subordinate statutes to the certified transcript of register;

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

A. Defendant A: Article 96 Subparag. 4 and Article 25(2) of the Framework Act on the Construction Industry; selection of fines

(b) Defendant B: Article 98(2), Article 96 subparag. 4, and Article 25(2) of the Framework Act on the Construction Industry

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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