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(영문) 인천지방법원 2018.11.02 2018고정2230
건설산업기본법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant and B concurrently operated D, which is a man-made company in No. 202 of the building 202 in the Nam-gu Incheon Metropolitan City, and the Defendant was in charge of the above D's business and management and the above D's practice.

When a person intends to engage in an indoor construction business, the construction cost of which is at least 15 million won, he/she shall register an indoor construction business with the competent authority.

1. On December 12, 2017, the Defendant and B conspired with each other to perform the interior construction work without registration by entering into a contract with the competent authorities for a restaurant in subparagraph 1 of Kimpo-si, Kimpo-si without being registered with the competent authorities from December 12, 2017 to February 2, 2018.

2. On December 18, 2017, in collusion with the Defendant and B of the Yeonsu-gu Incheon Metropolitan City G building 1, the interior construction business without registration was carried out by performing artificial construction work for the mobile phone burial in the Yeonsu-gu Incheon Metropolitan City G building 1 on a contract with H for KRW 35,090,000 without being registered with the competent authority from around December 18, 2017 to February 2, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer under B;

1. Each police statement made with H and F;

1. Business registration certificate, a written contract for a construction work, a drawing of construction work, a written estimate, additional estimates, and details of deposits;

1. Application of the details of payment of H construction costs, estimates, construction contract, and statutes governing construction site photographs;

1. Relevant Article of the Act on Criminal Matters, Subparagraph 1 of Article 95-2 of the Framework Act on the Construction Industry Selection, Article 9 (1) of the same Act, and Article 30 of the Criminal Act (generally, selection of fines);

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

1. The sentence identical to the order shall be imposed on a person who meets the minimum requirements for ensuring the safety and expertise of reasons for sentencing under Article 334(1) of the Criminal Procedure Act, taking into consideration the purport of the law, the period during which the defendant conducts interior construction work business without registering with B, and the scale of construction specified in the facts constituting the crime, etc.

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