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(영문) 대구지방법원 포항지원 2021.03.25 2020고정192

건설산업기본법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person who intends to engage in construction business shall engage in construction business without registration, unless he/she falls under insignificant construction works (for general construction works, less than 50 million won in the predetermined construction cost, and for specialized construction works, less than 15 million won in the predetermined construction cost), as prescribed by Presidential Decree.

On April 25, 2020, the Defendant entered into a contract with the competent authority for the “Construction Project for the Housing of the North-gu C, the second floor area” equivalent to the construction cost of B and B around April 25, 2020, and entered into the said housing remodeling project for approximately 15 days from the said day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on investigation reports (Attachment to a reply as to whether a person is registered as a construction business);

1. Relevant Article of a crime and subparagraph 1 of Article 95-2 of the Framework Act on the Construction Industry Selection of Punishment and Article 9 (1) (Selection of Penalty) of the same Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the Defendant first contracted after the registration of a business operator under the registration of a construction business, taking into account the size of the construction project, the profits of the corporation, the circumstances leading to the crime and detection, the Defendant’s age and career, and the fact that the Defendant is a person eligible for livelihood