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(영문) 청주지방법원 제천지원 2018.11.22 2018고정59

건설산업기본법위반

Text

Defendants shall be punished by a fine of KRW 1,500,000, respectively.

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of the defendant B Co., Ltd. in the city of Incheon.

Any person who intends to carry on construction business shall register the national land with the Minister of Construction and Transportation by industry prescribed by Presidential Decree.

1. On November 11, 2014, the Defendant: (a) entered into a contract for the construction of a new E detached Housing and entered into between D and a contractor D, contractor B, contract amount of KRW 123,000,000 with the Minister of Construction and Transportation; and (b) the construction of a new E detached Housing from that to July 2, 2015.

2. Defendant B, the representative director of the Defendant, committed the Defendant’s business violation as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. A copy of a standard contract for construction works;

1. A response to the national traffic;

1. Application of Acts and subordinate statutes to a criminal investigation report (Examination as to whether a person has been suspected of violating the Framework Act on the

1. Article 96 Subparag. 1 and Article 96(1) of the former Framework Act on the Construction Industry (Amended by Act No. 14015, Feb. 3, 2016); Article 98(2), Article 96 Subparag. 1 and Article 96(1) of the former Framework Act on the Construction Industry; Article 98(2), Article 96 Subparag. 1 and Article 9(1) of the former Framework Act on the Construction Industry (Amended by Act No. 14015, Feb. 3, 2016);

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The Defendants of the provisional payment order: Determination as to the assertion by the Defendant A and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that construction work on the instant housing with a total floor area of not more than 661m2, which is less than 661m2, can be conducted without registration of construction business, and there is a justifiable reason to mislead and mislead the Defendant as such.

2. In a case where a misunderstanding is made that his act under Article 16 of the Criminal Act was not a crime under the law, there is a justifiable reason for misunderstanding.