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(영문) 의정부지방법원 2020.06.18 2020고정687

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

B is a person who carries on the construction business between the LABC, and the defendant is a person who carries on the construction business between LABD.

Any person who intends to conduct construction business shall file for registration with the Minister of Land, Infrastructure and Transport by type of business prescribed by Presidential Decree.

Provided, That where he/she intends to engage in minor construction works prescribed by Presidential Decree, he/she may engage in construction business without registration.

B, despite the cancellation of the registration of the construction business on February 2, 2018, on September 2, 2018, the construction of the facilities for the soil shick-gun E construction without registration of the construction business, and on September 2, 2018, the subcontracted amount of KRW 67,650,00,000 from the F.

The Defendant, without registration of construction business, installed a temporary facility in which part of the subcontracted area was subcontracted in the amount of KRW 48,400,000 from the Dispute Resolution Co., Ltd.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of Acts and subordinate statutes to C/D settlement statement

1. Selection of a fine, under subparagraph 1 of Article 95-2 and Article 9 (1) of the Framework Act on the Construction Industry for criminal facts;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of Article 334(1) are the circumstances favorable to the defendant, such as the fact that the defendant recognized the facts charged in this case and reflects his mistake, and that the defendant does not have

However, in light of the circumstances and contents of the crime, the crime of this case was committed by the Defendant without registering the construction business, and the expected amount exceeds KRW 15 million as a soil-saving construction business entity without registering the construction business, and the crime of this case is not good in light of the circumstances and contents of the crime, and the defendant has a record of criminal punishment on several occasions, such as the suspension of the execution of imprisonment, once, etc. due to the crime of this case, and the amount of the fine of the summary order issued and confirmed by the issuance to B, it is deemed that the punishment of the Defendant is not excessive.

(b) other.