logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.03.22 2018고정1302
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is the representative of the “C” located in Ansan-gu, and C is an individual entrepreneur who conducts landscaping business.

Any person who intends to conduct construction business shall file for registration with the Minister of Land, Infrastructure and Transport by type of business prescribed by Presidential Decree.

Nevertheless, the Defendant from April 25, 2017 to the same year.

5. up to 4. Up to 5.00, construction work was executed without registration of construction business at E elementary schools located in Geumcheon-gu Seoul Metropolitan Government D, with the amount of KRW 1,839,000,000 for the regresponding type

In this respect, the Defendant carried on construction business without registering the construction business to the Minister of Land, Infrastructure and Transport for the above period.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a written investigation of accusation and a copy of evidential data;

1. Article 96 Subparag. 1 and Article 96(1) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017); the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion was that if the construction cost exceeds 15 million won, the construction business needs to be registered, and that the Defendant was unaware of whether his act was against the law, such as the Framework Act on the Construction Industry.

2. Article 16 of the Criminal Act provides that an act of misunderstanding that one's act does not constitute a crime under the Acts and subordinate statutes shall not be punishable only when there are reasonable grounds for misunderstanding. However, it is generally accepted that his act constitutes a crime, but it does not constitute a crime under the Acts and subordinate statutes in his special circumstances, and that he shall not be punishable if there are justifiable grounds for misunderstanding of misunderstanding.

And whether there is a justifiable reason is concerned with the possibility of illegality of one's own act.

arrow