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(영문) 부산지방법원 2013.10.11 2013노1549

건설산업기본법위반

Text

The judgment below

Part concerning Defendant A and B shall be reversed.

Defendant

A A shall be punished by a fine of four million won, and Defendant B.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence (a fine of KRW 10 million is imposed on the Defendants A, and a fine of KRW 20 million is imposed on the Defendants B) declared by the lower court to the Defendants.

2. Ex officio determination

A. Before determining the Defendants’ assertion of unfair sentencing, we examine ex officio the number of crimes charged in the instant case and whether the statute of limitations has lapsed.

B. A person who intends to conduct the business of dismantling a non-system or structure shall register with the Minister of Land, Transport and Maritime Affairs the business of dismantling a non-system or structure.

The defendant is not registered with the Minister of Land, Transport and Maritime Affairs, and the same year from April 11, 2006.

5. The work of removing natural wells and walls at the Incheon National University Hospital located in Busan National University from 75 to 28,000,000 won for the construction cost, and the two years from June 3, 2006 to June 3, 2006.

7. Construction of walls, ceilings, and floor removal works at the above hospital from December 5, 2006 to January 30, 2007 shall be executed at the construction cost of 24 million won. ④ From September 18, 2006 to October 25 of the same year, construction of ceilings, walls, and fixtures removal works at the above hospital from February 2, 2007 to January 30, 2007 shall be executed with construction cost of 16.8 million won. ⑤ From February 2, 2007 to February 25, 2007, construction of ceilings, walls, and fixtures removal works at the above hospital from September 18, 2006 to October 25 of the same year.

3. The removal work of the school staff and their parking lot in the above hospital from February 2, 2007 to February 2, 2007 shall be executed with the construction cost of 17 million won.

7. From September 20 to October 30 of the same year from September 2007 to September 30 of the same year, construction works for the disposal of ceiling, walls, and fixtures in the above hospital have been executed at the construction cost of 11,50,000 won, and 8 from October 23, 2007 to October 31 of the same month, construction works for the disposal of ceiling, walls, and fixtures in the above hospital shall be executed at the construction cost of 1,375,00 won, and 9,000 won from October 22, 2007 to November 28, 2007 at the above hospital.