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(영문) 창원지방법원 통영지원 2013.11.28 2013고정433

건설산업기본법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Although a person who intends to run a construction business must register his/her construction business with the Minister of Land, Infrastructure and Transport according to the type of business prescribed by Presidential Decree, the defendant was awarded a contract from around October 6, 201 to February 6, 201 to 470,000,000 of the construction cost of the new construction of commercial housing from Gyeong-gun B to Seoul-gun from around February 6, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Complaint;

1. Application of Acts and subordinate statutes on a copy of construction contract;

1. Relevant Article of the Framework Act on the Construction Industry and Articles 96 subparagraph 1 and 9 (1) of the same Act on the Selection of Punishment for Criminal Facts;

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

1. The Defendant asserts that the Defendant’s assertion on the provisional payment order under Article 334(1) of the Criminal Procedure Act was erroneous to the effect that he was not a crime even if the instant construction work was not registered without registration of construction business, since he was a construction worker performing small-scale housing construction business.

However, according to the above evidence, the defendant's construction business subject to registration under the Framework Act on the Construction Industry is sufficiently recognized as stated in his/her reasoning, and the defendant's assertion is merely merely a legal site, and it is difficult to see that there is a reasonable ground to believe that the defendant's act does not constitute a crime. Thus, the above argument is not accepted.