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(영문) 수원지방법원 2021.01.14 2020고정1566

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

Any person who intends to carry on construction business shall register the national land with the Minister of Construction and Transportation by industry prescribed by Presidential Decree.

Nevertheless, on April 8, 2017, the Defendant entered into a contract with C to newly construct multi-family houses with respect to the fourth floor above the ground of Overcheon-si, Seoul, and the total floor area of 378.9 square meters, and carried out the construction work without registration in the manner of performing the said construction work.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to accusation, a copy of standard contract for private construction works, and a copy of the report on commencement of construction works;

1. Relevant legal provisions and Articles 96 subparag. 1 and 9(1) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017); selection of fines for criminal facts;

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;