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(영문) 창원지방법원 통영지원 2017.09.25 2017고정291

건설산업기본법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Any person who intends to carry on construction business shall register with the competent authority.

Nevertheless, on March 15, 2016, the Defendant, without registering the construction business, entered into a contract for construction works of KRW 150,500,000 of the construction cost that newly constructs E housing at the office of “C” and “C” office at the office of “C” with D, and thereafter entered into a contract for construction works from that time.

9. By the end of 14.15 million won, the construction was carried out with the delivery of 15 billion won as the name of the construction cost.

Accordingly, the Defendant carried on construction business without registering the construction business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written accusation, a standard contract for private construction works, and a detailed statement of deposit transactions;

1. Application of Acts and subordinate statutes to each investigation report (such as telephone conversations with persons in charge of registration of macro-Viewing and viewing construction business, telephone survey on the index), and the results of KISON search;

1. Article 96 of the relevant Act on criminal facts and subparagraph 1 of Article 96 of the Framework Act on the Construction Industry Selection of Punishment (Selection of Penalty) and Article 9 (1) of the same Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;