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(영문) 서울서부지방법원 2016.09.23 2016고정831

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

The defendant is the representative of the interior business B who is not registered as a specialized construction business.

Where the estimated amount of construction works is at least 15 million won as construction works falling under the category of performing specialized construction works and details of duties in such category of business, only a person who has filed for registration of specialized construction business may perform construction works.

Nevertheless, on September 10, 2015, the Defendant performed interior construction works which caused the cost of construction to 80,000,000 won in Ulsan-gu “D” insignia located in Ulsan-gu, Ulsan-gu.

Accordingly, the Defendant performed interior construction works as a specialized contractor without registering specialized construction business.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 96 subparagraph 1 of the Framework Act on the Construction Industry and Article 96 (1) of the same Act concerning facts constituting a crime, selection of fines;

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;