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(영문) 수원지방법원 2018.10.05 2018고정1258

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

The Defendant is the representative of “B” under construction business.

Any person who intends to operate a construction business shall register the national land with the Minister of Construction and Transportation by industry prescribed by Presidential Decree.

Nevertheless, around April 26, 2017, the Defendant entered into a construction contract (the estimated construction cost of KRW 47 million) with D on the structural part of the multi-family house (the total floor area of KRW 225.01 square meters) located in the Gu of Suwon-si in Suwon-do, Suwon-do, and operated a specialized construction business without registration by doing the said steel-frame and concrete construction business until June 30, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of witness by the police about D;

1. Application of double Acts and subordinate statutes as a result of a building ledger, power of attorney, contract, business registration certificate, copy of passbook, and KISDN inquiry;

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. 14708, Mar. 21, 2017); selection of fines for criminal facts;

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;