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(영문) 광주지방법원 목포지원 2014.09.19 2014고단1068
건설산업기본법위반
Text

Defendant

A shall be punished by a fine of KRW 7 million, and the defendant limited liability company B shall be punished by a fine of KRW 3 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B (hereinafter referred to as “Defendant B”) who is specialized in reinforced concrete construction business, civil engineering work business, etc. in Jeonnam-gun, Newan District.

1. No defendant A constructor shall subcontract all of contracted construction works, or most of the major parts prescribed by Presidential Decree to another constructor;

Nevertheless, on June 22, 2009, the Defendant awarded a contract for the “D Creation Project” that was ordered by the Newanan-gun in KRW 444,730,00,00, and then subcontracted all of the said construction work to the F Co., Ltd. (the de facto representative G) at the B office located in Sinpo-si E on July 15, 2009.

2. Defendant B, the representative director of the Defendant, committed an illegal act as described in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. Application of Acts and subordinate statutes of a contract for construction works, standard subcontract agreement for construction works, and report as a result of an outline;

1. The pertinent Article of criminal facts and the Defendant A who selected a sentence: B before the former Framework Act on the Construction Industry was amended by Act No. 10719, May 24, 2011;

(a) The same shall apply;

[Defendant B] Articles 96 subparag. 5 and 29(1) of the former Framework Act on the Construction Industry (Article 98(2), 96 subparag. 5, and 29(1) of the former 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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