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(영문) 창원지방법원 밀양지원 2019.05.21 2019고정22

건설산업기본법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

A person who intends to engage in construction business shall file for registration with the Minister of Land, Infrastructure and Transport.

On December 11, 2017, the Defendant, without registering the construction business in C, performed interior construction business and heating construction business without registering the construction business in C, according to the terms and conditions of the interior interior interior interior interior interior interior interior interior interior interior interior interior interior of electric power resource housing contract with C, with the aggregate of construction costs equivalent to KRW 16,370,000 in total and construction costs of interior construction and heating construction equivalent to KRW 1,30,000 in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Certificates of career experience as construction engineers;

1. A written contract for interior interior interior of the electric source house, and an additional written contract for interior interior of the Delectric source house; and

1. Application of Acts and subordinate statutes to investigation reports (Submission of details, etc. of disbursement of suspect construction expenses), investigation reports (Submission of lists of suspect subordinate companies), investigation reports (E business monetary statements);

1. Article 95-2 of the Framework Act on the Construction Industry and Articles 95-2 subparagraph 1 and 9 (1) of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserted on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that since the defendant requested most of the interior construction works of this case and the business operators who completed specialized registration of heating construction work of this case to complete the construction work, the defendant did not violate the Framework Act on the Construction Industry (hereinafter “Act”).

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, i.e., construction business refers to construction business (Article 2 subparag. 2 of the Act), and construction business includes general construction business and specialized construction business (Article 2 subparag. 5 and 6 of the Act), and construction business includes general construction business and specialized construction business (Article 2 subparag. 2 of the Act), shall be registered with the Minister of Land, Infrastructure and Transport according to the type of business prescribed by Presidential Decree.

(b).