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(영문) 수원지방법원 2016.08.11 2016고정1298

건설산업기본법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is specialized in the construction of wooden houses located in Suwon-si B 207, Suwon-si, the defendant operates a mutual construction business, but there is no fact that he has registered the construction business with the Minister of Construction and Transportation.

A person who intends to engage in construction business shall file for registration with the Minister of Construction and Transportation in accordance with any of the following categories of business prescribed by Presidential Decree, and may engage in construction business without filing for registration if he/she intends to engage in minor construction business, the estimated cost of which is less than 1,50 million won, among construction works falling under any category of business performing indoor construction business, specialized construction business for maintaining and managing facilities

Nevertheless, from April 18, 2014 to June 2014, the Defendant newly constructed a parking lot of KRW 20,350,000, which is equivalent to 20,350,000, which falls under the facility maintenance business in Suwon-si D and E elementary schools, or the indoor construction business, as well as a small sports ground construction of KRW 120,50,000, which is equivalent to the indoor construction business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written accusation;

1. Responses to the current status of registration of specialized construction business;

1. Application of all Acts and subordinate statutes to the contract and field photographs;

1. Relevant Article of a crime, subparagraph 1 of Article 96 of the Framework Act on the Construction Industry Selection of Punishment, and Articles 96 (1) and Article 9 (1) (main sentence) of the same Act, and the selection of fines

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act have no record of criminal punishment against the defendant, and the defendant appears to have caused the crime of this case because he was not well aware of the relevant laws and regulations, and the contents, characteristics, construction cost, circumstances leading to the defendant's execution of each of the construction of this case shall be considered, and the punishment as ordered by the summary order shall be determined by reducing part of the fine amount prescribed by the summary order.