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(영문) 의정부지방법원 2018.08.30 2018고정1045

건설산업기본법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On October 16, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (drinking driving), etc. at the District Court of the Jung-gu District on December 4, 2015, and the judgment became final and conclusive.

Any person who intends to engage in construction business shall register the national land with the Minister of Construction and Transportation for each type of business, except for cases where he/she intends to engage in minor construction works prescribed by Presidential Decree, such as specialized works of less than 15 million won in the estimated

Nevertheless, the defendant from May 23, 2013 to the same year.

7. Until February 2, 200, the Director of the Management Office D, a managing body of B apartment in the name of “C,” did not register the land with the Minister of Construction and Transportation as a specialized construction business (Packing construction business) while carrying out a construction project for expansion of parking lots equivalent to KRW 56,00,000, which was ordered by the Director D.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, a report on the result of installing a parking lot, a C construction contract, a C estimate, and a report on the examination of suspect to E prepared by the police;

1. Application of a reply to inquiry, such as criminal history, and the application of Acts and subordinate statutes on investigation report (the previous conviction);

1. Relevant legal provisions and Articles 96 subparag. 1 and 9(1) of the former Framework Act on the Construction Industry (Amended by Act No. 12580, May 14, 2014); selection of fines for criminal facts;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the defendant is aware of the criminal facts of the instant case and reflects his/her mistake; and (b) the case of concurrent judgment and equity with the case of a violation of traffic laws (driving) on which the judgment in the instant judgment became final and conclusive, etc. are recognized as normal conditions favorable to the defendant.

On the other hand, the crime of this case committed by the defendant without registering for each type of business is not less than that of the crime in light of the contents and methods of the crime, and it is several times due to the crime of this kind.