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(영문) 수원지방법원 2020.01.09 2019고정903

건설산업기본법위반

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

Construction works for construction or substantial repair of a building other than a residential building, the total floor area of which exceeds 495 square meters, shall be performed by a constructor registered pursuant to the Framework Act on the Construction Industry, etc.

Despite the fact that the Defendant is not a constructor, from the end of December 2017 to February 9, 2018, the Defendant carried out construction works, such as floor-to-land heating, at the construction site of an officetel (Ddong) with a size of 2,92.6m2 square meters on the land of Yeongdeungpo-gu, Gyeonggi-do.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. Police suspect interrogation protocol regarding F;

1. G statements;

1. Application of statutes on subcontract agreements;

1. Article 96 Subparag. 5 of the Framework Act on the Construction Industry (Amended by Act No. 15306, Dec. 26, 2017; Act No. 15306, Jun. 27, 2018); the selection of fines, Article 41(1)3 of the former Framework Act on the Construction Industry;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;