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(영문) 서울중앙지방법원 2016.06.08 2014고정2049

건설산업기본법위반등

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Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Any person who intends to carry on construction business in violation of the Framework Act on the Construction Industry shall register the land with the Minister of Construction and Transportation for each business category;

Nevertheless, the Defendant, among specialized construction works, performed construction works for multi-household housing with a total floor area of 650 square meters and multi-household housing with a total floor area of 650 square meters constructed in Chungcheongnam-gun C from around December 2, 2012 to February 17, 2013 without registering the construction business of steel bars and concrete.

2. A supervisor of construction in violation of the Building Act shall, if the contractor fails to perform the construction in compliance with the drawing of design, notify the project owner thereof and request the contractor to correct or reconstruct the construction, and the contractor shall, upon receiving a request for correction or reconstruction from the supervisor of construction, comply therewith; and

Around January 14, 2013, the Defendant, as the contractor of the building mentioned in paragraph (1) above, was requested by D architect E of D architect office to undergo a re-verification after correction for the reason that the quantity of steel bars is significantly lacking compared to the design as a result of the re-inspection of the steel bars of the third floor floor, but the Defendant was requested to undergo a re-verification. However, on January 15, 2013, the construction was conducted without undergoing a re-verification after correction and without undergoing a re-verification.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E in the third public trial protocol;

1. Recording of the statement of witness F in the 10-time public trial record;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police with H;

1. A written accusation;

1. A permit for construction, substantial repair, and alteration of use, and a written report on the commencement of construction;

1. A written agreement;

1. Direction for correction of construction works and request for suspension of construction works;

1. Certification of each content (Receipt A);

1. A copy of the name A;

1. Submission of a written opinion based on a construction civil petition;

1. Report on illegal construction works;

1. Application of Acts and subordinate statutes on the date of supervision of construction works (which was made on January 14, 2013);

1. Article 96 subparagraph 1 of the Act on the Construction Industry, Article 96 subparagraph 1 of the Framework Act on the Selection of Punishment, Article 9 (1) of the Act on the Construction Industry (hereafter referred to as "construction business without registration"), Article 110 subparagraph 5 of the Building Act.