beta
(영문) 대전지방법원 2019.03.28 2019고정20

건설산업기본법위반

Text

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

However, the enforcement of the fine shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person who has not registered a construction business by type of business shall indicate or advertise that he/she is a constructor of the relevant type of business in his/her place of business, advertisement, etc. or make any indication or advertisement likely to be mistaken for a constructor

Nevertheless, the Defendant did not register the gas facility construction and heating construction business with the competent authority, from October 15, 2017 to July 10, 2018, attached the “C” office glass of the Defendant’s operation in Daejeon Middle-gu, Daejeon, to the front of the “C” office, and placed a mark or advertisement likely to mislead the Defendant into being a constructor of the gas facility construction and heating construction business.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on accusation, field photographing photographs;

1. Article 97 of the Framework Act on the Construction Industry and Articles 97 subparagraph 1 and 11 (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. Article 62 (1) of the Criminal Act on the stay of execution [the recognition of an error, disability Grade IV, closure of a place of business, senior citizens aged 75 years old, and absence of criminal punishment records exceeding fines];