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(영문) 부산지방법원 동부지원 2016.07.07 2014고정1813
건설산업기본법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Any person who desires to carry on construction business shall register the national land with the Minister of Construction and Transportation by industry as determined by Acts and subordinate statutes.

Nevertheless, the defendant from January 2013 to the same year without registering the land with the Minister of Construction and Transportation.

2. By the Haman, with respect to two parcels of Busan Shipping Daegu C and D, the construction work was performed with respect to the construction work cost of KRW 12 million, such as soil removal work, and the construction work was performed.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the statements made to the witness E and F in the second trial records;

1. Some statements made to the witness G and H in the third public trial records;

1. Statement made by the police with H;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 96 of the relevant Act on criminal facts and subparagraph 1 of Article 96 of the Framework Act on the Construction Industry Selection of Punishment (Selection of Penalty) and Article 9 (1) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As to the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant was employed by F and did not independently carry on construction business. Even if the Defendant carried on construction business, he did not carry on construction business.

Even if the construction cost is less than KRW 50 million, it is so minor that registration is not required.

According to each of the testimonys of J, E, and H, F had performed the first construction of this case.

I was the site manager of the construction, and I was the owner after I suspended the construction of this case.

H Only directly performing the instant construction, and F was not in the position of the contractor or the contractor in the instant construction, and even according to the Defendant’s statement, the Defendant commenced the construction with the introduction of F, a complaint of the I General Construction, but continued the construction with the belief that F should continue the construction with the knowledge that the owner should directly perform the construction even after the I General Construction has ceased to do so.

A statement is made, and the defendant is H.

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