Defendant shall be punished by a fine of KRW 9,000,000.

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

Punishment of the crime

The defendant is the representative director of the Dispute Resolution D in Spocheon-si, Spocheon-si.

Any person who intends to conduct construction business shall register the national land with the Minister of Construction and Transportation by industry prescribed by Presidential Decree.

Nevertheless, the Defendant, without registering construction business on January 3, 2015, completed construction works around April 10, 2015, by entering into a contract with F to remodel the above-ground building into a medical care center for construction cost of KRW 1.8 billion, such as windows and machinery and equipment works, and entering into a subcontract with F to repair the above-ground building as a care center.

Accordingly, the defendant did construction business without registration.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made to G in the police statement protocol;

1. Application of Acts and subordinate statutes to the District Court (2015 group 37692) in entirety, documents, etc. in written judgments, official documents for Potent viewing (approval, etc. for change of use of construction), investigation reports (attached to the submission of data), and investigation reports (approval);

1. Relevant legal provisions and Articles 96 subparag. 1 and 9(1) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017); selection of fines for criminal facts;

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 provides that the Defendant is aware of the facts charged, but the instant corporation is not a new construction corporation and thus its registration is not necessary.

However, Article 9 (1) of the former Framework Act on the Construction Industry (amended by Act No. 14708, Mar. 21, 2017) provides that a person who intends to operate a construction business shall register the land with the Minister of Construction and Transportation for each type of business prescribed by Presidential Decree.

However, in cases of minor construction works prescribed by Presidential Decree as a business, construction business may be conducted without registration. Article 8 of the Enforcement Decree of the same Act provides that "construction works falling under the category of performing specialized construction works and the details of duties in such business shall be less than 15 million won."