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(영문) 청주지방법원 2018.08.30 2018고정339

건설산업기본법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who runs a construction business under the trade name of “D” in Yeongdeungpo-gu Seoul Metropolitan City.

1. Any person who intends to carry on construction business in violation of the Framework Act on the Construction Industry shall register the land with the Minister of Construction and Transportation by industry;

Nevertheless, without registering construction business, the Defendant contracted construction work from June 2017 to September 2017 with approximately KRW 170,000,000,000 from Chungcheong E-gun E.

Accordingly, the Defendant carried on construction business without registering construction business.

2. A person who supplies composite materials in violation of the Building Act, a construction work executor, or a construction supervisor shall submit a quality control report on composite materials to the permitting authority.

Nevertheless, the Defendant, at the same time and place as the preceding paragraph, did not submit a letter of quality control to the permitting authority even when the Defendant received a letter of quality control from a composite material supplier while performing construction of a pen.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the G’s written Acts and subordinate statutes;

1. Selection of each fine for a crime under subparagraph 1 of Article 96 of the Framework Act on the Construction Industry (a point of unregistered registration for a construction business), Article 110 subparagraph 11 of the Building Act, Article 52-3 subparagraph 1 of the same Article (a point of failing to submit a report on the quality of composite material) and Article 52-3 (1) of the same Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;