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(영문) 대구지방법원 경주지원 2017.06.28 2017고단179
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a constructor who operates a stock company B.

A constructor shall assign at least one construction engineer to a construction site, as prescribed by Presidential Decree, for the execution management of construction works and other technical management.

Nevertheless, the Defendant, from May 27, 2013 to June 14, 2013, did not assign a construction technician to the construction site of the new apartment construction site of Samsung-si from 19 days to 19 days, and did not assign a construction technician for total 705 days at 16 construction sites from that time to April 16, 2015, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement made to the defendant in the protocol of interrogation of the suspect;

1. Application of Acts and subordinate statutes to the status of placement of construction technicians and certified copies of B corporate registry, each of the construction engineers, such as a report on investigation (related to criminal facts), crime sight table, accusation note related to the violation of the Framework Act on the Construction Industry, survey report, record of violation, accusation note, B construction engineer's holding status, list of construction site input status, construction contract, etc.;

1. Article 97 Subparag. 4 of the former Framework Act on the Construction Industry (Amended by Act No. 12580, May 14, 2014) and Article 40 Subparag. 1 of the former Framework Act on the Construction Industry (Amended by Act No. 12580, May 14, 201); Article 97 Subparag. 4 of the Framework Act on Construction Industry and Article 40 Subparag. 1 of the former Framework Act (amended by Act No. 12580, May 14, 201); Articles 97 Subparag. 4 and 40 Subparag. 1 of the Framework Act on Construction Industry (attached

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is relatively small in the number of days or times when the defendant did not place a construction technician at the construction site.

However, it appears that the construction engineer who does not have any special duties has been input into another construction site after the defendant led to the completion of construction works, and the completion inspection is completed.

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