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(영문) 부산지방법원 2017.02.16 2016고정4027
건설산업기본법위반
Text

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

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

Reasons

Punishment of the crime

A constructor shall, as prescribed by Presidential Decree, assign a construction engineer corresponding to the type of the relevant construction work simultaneously with the commencement for the execution management of construction works and other technical management.

In the process of constructing a 1st floor underground and 13th floor on December 9, 2015, the Defendant: (a) reported C as an agent at the time of reporting the commencement of construction to the Busan High-gu Office, the competent authority; and (b) did not substantially assign C until May 31, 2016, in the process of reporting the commencement of construction to the 1st floor underground and the 13th floor above the Busan High-gu Office.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes, such as written petition;

1. Relevant Article of a crime, subparagraph 4 of Article 97 and Article 40 (1) of the Framework Act on the Construction Industry Selection of Punishment, and Selection of fines for a crime;

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;

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