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(영문) 의정부지방법원 2013.11.28 2013고정2352

건설산업기본법위반

Text

Defendant shall be punished by a fine of 1.3 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the interior business and operates a personal place of business under the trade name of "B".

No person who has not registered a construction business by type of business shall indicate that he/she is a constructor of the relevant type of business or advertise which might be mistaken for a constructor of the relevant type of business, on an advertisement, etc. by type of business, notwithstanding the fact that he/she is not liable to do so.

7. 1.의 2회에 걸쳐 C 아파트 내 게시판을 이용하여 'B는 외부 샷시 실리콘 공사 전문, 아파트 베란다 누수전문 남양주시 건설업 등록업체입니다'라는 문구를 이용하여 마치 등록된 방수공사업체로 오인될 우려가 있는 광고물을 게시한 것이다.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A written accusation;

1. Application of the statutes governing the business registration certificate and the place of business advertisement for suspects;

1. Relevant Article of the Framework Act on the Construction Industry and Articles 97 subparagraph 1 and 11 (1) of the same Act concerning the selection of punishment for a crime;

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