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(영문) 부산지방법원 2016.12.19 2016고정3717
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

A person who intends to conduct construction business shall file for registration with the Minister of Land, Infrastructure and Transport by type of business, and the contractor shall subcontract his/her business to a registered constructor.

1. The Defendant, as the representative director of C on January 29, 2015, subcontracted the construction cost of KRW 1,771,00,000 to F, an individual entrepreneur, who did not register the entire specialized construction business sector, in the private letter or new construction work supplied by C from the owner E at a non-permanent place.

2. Defendant F: (a) without registering the construction business from January 29, 2015 to July 14, 2015; and (b) at Sacheon-si D subcontracted by Co., Ltd. C, the Defendant built a private letter or a new construction work.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement of K;

1. A contract for construction works, a construction contract, a contract for removing each construction works, and a business registration certificate;

1. Matters concerning the submission of explanatory materials following a civil petition report (construction work ledger, revised electronic tax invoice, each electronic tax invoice, business registration certificate, agreement on the change of joint supply and demand contractors, agreement on the change of joint supply and demand contractors, construction-related work, letter of approval for assistance, estimate, or letter of estimate, or letter of contract enterprise);

1. Application of Acts and subordinate statutes to accusation companies violating the Framework Act on the Construction Industry (Accusation, a public official in charge, a written statement, a detailed inquiry of construction enterprises, a comprehensive inquiry of the disposition of business suspension of construction business, a report on the results of business suspension, a report on the holding of hearing, a statement of opinions

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

A. Defendant A: Article 96 Subparag. 4 and Article 25(2) of the Framework Act on the Construction Industry; selection of fines

B. Defendant F: Article 96 subparag. 1 and Article 9(1) of the Framework Act on the Construction Industry; the selection of fines

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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