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(영문) 인천지방법원 2019.06.28 2019고정1187

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

A person who intends to carry on construction business falling under a stone construction business, the construction cost of which exceeds fifteen million won, shall register with the Minister of Land, Infrastructure and Transport.

Nevertheless, on October 30, 2017, the Defendant, without registering the construction business, prepared a contract agreement with the Minister of Land, Infrastructure and Transport as to the F, which is the owner of a new hotel construction work conducted in Incheon Bupyeong-gu D, and stone construction work equivalent to the contract amount of 128,260,000 won among the above construction work, and run a unregistered construction business, such as performing the above stone construction work.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of statutes on contract agreements, additional contract documents, and details of transfer transactions;

1. Article 95-2 and 1 of the Framework Act on the Construction Industry and Articles 95-2 and 9 (1) of the same Act concerning criminal facts and the selection of fines;

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

1. The crime of this case with the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is not that of a crime in light of the purpose of legislation of the Framework Act on the Construction Industry, which aims to promote the proper execution of construction works and the sound development of the construction industry, by the defendant without registering the construction business.

On the other hand, the defendant shows the attitude to recognize and reflect the crime of this case.

The defendant is an elementary offender who has no record of criminal punishment.

In the above circumstances, the defendant's age, character and conduct, family relationship, family environment, motive and means of crime, and all the sentencing conditions shown in the records and arguments of this case shall be determined as ordered by considering the following circumstances.