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(영문) 의정부지방법원 2018.06.15 2018고단721
건설산업기본법위반
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1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2018 Highest 721 (Defendant A) Construction Business shall be registered with the Minister of Construction and Transportation for each type of business prescribed by Presidential Decree.

Nevertheless, on November 18, 2016, the Defendant entered into a contract with D owner of a building and Jeju E with respect to interior construction works of housing in the name of “C” without registering the land with the Minister of Construction and Transportation, and performed interior construction works from November 19, 2016 to March 20, 2017.

[2018 Highest 722 [Defendant]

1. Defendant A is the representative director of Defendant B.

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.

Nevertheless, on June 1, 2016, the Defendant, as the representative director of the Company B, entered into a contract with the owner F for the interior construction of the third floor H of the G building with the owner F, and carried out interior construction work from around that time until June 26, 2016.

2. Defendant B Co., Ltd. is a corporation for the purpose of interior medicine business, and at the time and place specified in paragraph (1), A, the representative director of the Defendant, performed the interior construction business without registering the land with the Minister of Construction and Transportation as prescribed in paragraph (1).

Summary of Evidence

[2018 Highest 721]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of the contract for remodeling for detached houses (2018 high group 722);

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Application of statutes on a copy of construction contract;

1. Defendant A: Each of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017; hereinafter the same shall apply) Article 96 Subparag. 1 and Article 9(1) of the same Act; Defendant B, a company of choice of imprisonment: Framework Act on the Construction Industry.

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