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(영문) 부산지방법원 2018.09.19 2018고정1073
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

On June 7, 2018, the defendant was sentenced to imprisonment with prison labor for one year at the Busan District Court for fraud and was sentenced to a two-year suspended sentence on the 15th of the same month.

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

1. On June 2015, the Defendant, without registering a construction business, subcontracted the structural part (such as steel bars, fry house and concrete typology) of the construction works for the construction of the 4th floor neighborhood living facilities located in Busan Shipping Daegu C from B to the Minister of Construction and Transportation in order to implement the construction work without registering the construction business, and performed the construction work without registering the construction business to the Minister of Construction and Transportation.

2. On July 2015, the Defendant, without registering a construction business, subcontracted the construction of the structural part (such as steel bars, fry, concrete typology, etc.) among the construction works of the 3rd floor construction center of the Do governor center of Busan City, Busan, the third floor of the ground located in Busan, which was located in D, and carried out construction business without registering the construction business with the Minister of Construction and Transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Application of statutes on a copy of a standard subcontract agreement for each construction work;

1. Relevant legal provisions of crimes and the former Framework Act on the Construction Industry (2017);

3. Subparagraph 1 of Article 96 and Article 9(1) of the Act (amended by Act No. 14708 of 21 of 21 of 21)

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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