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(영문) 인천지방법원 2015.06.19 2015고정563

전기공사업법위반

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 the representative of an electrical construction company "D Co., Ltd." in Seo-gu Incheon, and a person who intends to conduct construction business shall register with the administrative agency having jurisdiction over the location of the principal business as prescribed by Ordinance of the Ministry of Trade, Industry

Nevertheless, on April 30, 2014, the Defendant without registration of construction business, awarded a contract for the selection of a replacement construction business operator such as a public bid PED registered in the multi-family housing management information system at the Gangnam-gu Seoul apartment apartment management office and awarded the contract for the same year.

6. 23. According to the method of concluding a contract for a construction project, a construction project which raises revenues equivalent to the total construction cost of KRW 74,250,000.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A copy of bid information output data and contract [the defendant can execute the construction of this case without being a construction business operator registered as a minor electrical construction business, and the defendant is not a person who runs the electrical construction business, and the electrical construction of this case is not a person who enters into a contract with the defendant, and the defendant is merely a stock company which entered into a contract with the defendant and it is not an electrical construction business, so the charge cannot be acknowledged. However, the electrical construction of this case does not constitute minor electrical construction under the proviso of Article 3 (1) of the Electrical Construction Business Act and each subparagraph of Article 5 (1) of the Enforcement Decree of the same Act, and as stated in the facts of the crime in the judgment of the defendant, as long as the defendant selected as a replacement construction business operator such as LoD and had the above construction executed by giving a contract

1. Article 42 subparagraph 1 of the Electrical Construction Business Act and Article 4 (1) of the same Act concerning facts constituting an offense;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.