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(영문) 인천지방법원 2021.01.27 2020고정2080

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 a person who operates a business with the trade name of B for the purpose of various construction business.

Any person who intends to engage in specialized construction works, except where the estimated cost of construction is less than 15 million won, shall file for registration with the Minister of Construction and Transportation by type of business as prescribed by the Presidential Decree.

Nevertheless, on February 8, 2020, the Defendant entered into a construction contract for remodeling of the housing located in C and Yeonsu-gu Incheon Metropolitan City (the construction amount of 86,250,000 won) and performed interior construction works, such as replacement of interior and outside of the housing, entrance, heating apparatus, and installation of various electric distribution lines from February 10, 2020 to March 15, 2020.

Summary of Evidence

1. The preparation of a police statement C by the defendant's statutory statement C and the application of statutes on accompanying materials;

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) 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;