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(영문) 인천지방법원 2016.12.16 2016고정3154
건설산업기본법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant, as a self-employed person, is a building owner who has obtained a building permit of the first-class neighborhood living facilities (retail stores, offices) with the total floor area of 812.96 square meters on the second-class floor and the total floor area of 812.96 square meters on the land outside the Seoul-dong Incheon Metropolitan City, which is owned by the Defendant

No one, other than a residential building, the total floor area of which exceeds 495 square meters, shall perform any construction works for any building other than a residential building.

Nevertheless, on December 2014, the Defendant, in collusion with C, an unqualified architect, entered into an oral contract by setting the construction cost of KRW 510 million at the E convenience store located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, as above, at the early KRW 510 million.

Since February 26, 2015, from around October 2015 to around October 2015, the Defendant had C perform new construction works on one unit of building with a size of 2nd floor above ground and 812.96 square meters in total floor area.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application for the permission for construction, substantial repair, and alteration of the purpose of use, application for the commencement report (B and four parcels), and application of statutes on private construction contracts;

1. Article 96 subparagraph 5 of the Framework Act on the Construction Industry and Article 41 (1) 3 of the same Act concerning criminal facts, the selection of fines, Article 30 of the Criminal Act, and 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 of the provisional payment order;

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