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(영문) 청주지방법원 2015.01.08 2014고정698

건설산업기본법위반

Text

Defendants shall be punished by a fine of 3.5 million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

A person who intends to engage in construction business shall file for registration with the Minister of Land, Infrastructure and Transport.

1. From the end of March 2014 to the end of May 2014, Defendant A carried out construction business by directly performing construction works for creating a site for hanok village without registering construction business at 18,603 square meters in the area of 18,603 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

2. Defendant B Co., Ltd. carried on construction business without registering the construction business as described in the above paragraph (1), at the time, at the same time, and at the same place as described in the above paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. Application of Acts and subordinate statutes to contracts for private construction works and written agreements on waiver of construction works;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Subparagraph 1 of Article 96 of the Framework Act on the Construction Industry and Article 9(1) of the same Act;

(b) Defendant B: Article 98(2), Article 96 subparag. 1, and Article 9(1) of the Framework Act on the Construction Industry

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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