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(영문) 창원지방법원 2019.02.14 2018고정603

정보통신공사업법위반

Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B corporation established for the purpose of building work business and engineering work business in the city of Kim Sea, and D is the chief director belonging to the F University Work Management Office in the city of Kim Sea, who belongs to the F University Work Management Office in the city of Kim Sea, and the contracting officer of the “G new construction work”

1. No person other than a person specializing in information and communications construction business may receive a contract or execute it, and a person who intends to operate an information and communications construction business shall register it with the Special Metropolitan City Mayor

Around December 28, 2016, the Defendant entered into a contract with D and hereinafter “G New Construction Work,” who was in charge of work at a FF university, with knowledge of the fact that information and communications construction projects include information and communications facilities, such as “ Outdoor Communications Line Work, Broadcasting Work, and Access Control Work,” and without registering an information and communications construction project, to which the contract amount was KRW 7,920,000,000, without registering the construction project.

Accordingly, the defendant operated construction business without registering an information and communications construction business.

2. Defendant B Co., Ltd. operated construction business without registering the Defendant’s business in relation to the Defendant’s business at the time and place specified in paragraph (1), and committed an act in violation of the law.

Summary of Evidence

1. The defendant A's partial statement

1. Each police suspect interrogation protocol against Defendant A and D;

1. Each police statement made to H, I, and J;

1. Audit report;

1. Answer as to whether an information and communications construction business is registered;

1. Application of the standard contract agreement on private construction works;

1. Article 74 subparagraph 2 of Article 74 and Article 14 (1) of the Information and Communication Work Business Act (Selection of Fine) Defendant B stock company: Articles 77, 74 subparagraph 2 of the Information and Communication Work Business Act and Article 14 (1) of the same Act;

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