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(영문) 부산지방법원 동부지원 2016.07.18 2016고정557

건설산업기본법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who conducts landscaping business under the trade name of “B.”

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

Nevertheless, on May 2014, the Defendant entered into a landscape construction contract with D-person in charge of landscaping work with the total construction cost of KRW 149,000,000 without registering with the Minister of Construction and Transportation, and constructed landscape architecture on green land boundary, block, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A written accusation;

1. Application of written estimates and field photograph Acts and subordinate statutes;

1. Article 96 of the relevant Act on criminal facts and subparagraph 1 of Article 96 of the Framework Act on the Construction Industry Selection of Punishment (Selection of Penalty) and Article 9 (1) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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