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(영문) 인천지방법원 부천지원 2013.08.28 2012고정2098

건설산업기본법위반

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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. A person who intends to run a construction business in the summary of the facts charged of this case shall register the business with the Minister of Land, Transport and Maritime Affairs by

Although the Defendant registered the construction business only for indoor construction business, the Defendant, from November 28, 2008 to December 21, 2008, carried on construction business without registering the construction business for each type of business, as described in the annexed crime list until February 19, 201, including the construction of “the installation of each Dong toilet 28 (28) and 1, and 2nd WC hot water meter” in the E University located in Bupyeong-si D from Busan to December 21, 2008.

2. Although each construction work listed in the separate list of crimes against the defendant and his defense counsel's assertion is consistent with the construction work of the defendant, each of the above construction work is included in the contents of the work of indoor construction work registered by the defendant, and thus, the defendant is not engaged in the construction work without registration.

3. However, as direct evidence that the registration of a construction business is required for each type of business listed in the appropriate construction business license column listed in the annexed crime sight table, rather than indoor construction works, in each construction work listed in the annexed crime sight table, it is aware that there is no evidence of witness F’s witness F’s statement, audit results disposition, opinion reply on the classification of construction business types, opinion reply regarding G’s protocol of interrogation of police suspects against G’ among the 11 works, which means that H’s pure construction work can be performed.

There is a statement to that effect.

However, there is no specific ground that the construction business registration is necessary for each type of business stated in the appropriate construction business license column in the annexed crime list with respect to each construction work listed in the audit result report, the statement of opinion about the classification of the type of construction business, and the classification of the type of construction business according to the nature of the construction business even in the opinion answer about the classification of the type of construction business.