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(영문) 창원지방법원 진주지원 2016.01.13 2015고단488

사문서위조등

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

[2015 Highest 971] A person who intends to engage in a construction business is registered with the Minister of Construction and Transportation according to the type of business prescribed by Presidential Decree. However, the Defendant entered into a contract with the said D to extend the fourth floor of the said building and receive construction cost of KRW 130 million from October 28, 2013 to January 23, 2014 at the E Private Institutes Office operated by D located in Jinju-si, Seoul, without registering the construction business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (review of extended area);

1. Application of the standard contract for private construction works, and the amended building drawings;

1. Relevant Article 96 Subparag. 1 and the main sentence of Article 96(1) of the former Framework Act on the Construction Industry (Amended by Act No. 12580, May 14, 2014) and the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, which the Defendant did not register the construction business and the construction scale of the instant construction work performed by the Defendant without registering the construction business, the criminal liability of the Defendant is not minor, but the fact that the Defendant’s crime was committed late later and later, and that the Defendant did not have the same criminal history and no criminal history other than the fine exists, etc., the circumstances favorable to the Defendant should be considered, and the Defendant’s age and sexual behavior, etc. shall be considered as favorable to the Defendant, and the punishment shall be determined as ordered by taking into account the various sentencing conditions as shown in

The acquittal portion

1. The facts charged [2015 Highest 488] The Defendant entered into a contract for the extension of the fourth floor of the third floor building in Jinju City with D, and introduced a contract for the design part among them to F, and even if it did not obtain consent from D in order to reduce it to the area subject to reporting, which is not subject to permission, during the process of filing a building report, D’s area reduction.