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(영문) 춘천지방법원 2018.04.18 2018고정50
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a representative of “B” under the category of assembly construction works.

A specialized construction project, the cost of which is at least 15 million won, shall be implemented by a specialized constructor who has registered construction business corresponding to the type of construction business and the details of the business.

On August 11, 2015, the Defendant, without registering construction business corresponding to the content of the specialized construction business, entered into a contract with the “E”, which is a specialized construction work equivalent to KRW 19,360,000 of the construction cost ordered by the “D High School” located in Chuncheon City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or G by the police;

1. Accusation of illegality of a facility constructor, a report on audit results by the Board of Audit and Inspection, a reply to a request for cooperation in investigation (request for the current status of registration of the construction business), and the application of statutes governing investigation reports (in

1. Relevant legal provisions and Articles 96 subparag. 1 and 9(1) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017); selection of fines for criminal facts;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are recognized, and the criminal liability is minor in light of the legislative intent of the Framework Act on the Construction Industry, in light of reflectivity, background of the crime, the same kind of criminal records, and no criminal records exceeding fines;

In addition, the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, and circumstances after the crime, etc., shall be considered as a primary sentencing factor, and the punishment as set forth in the text shall be determined in full view of all other circumstances, including the defendant's age, sex, circumstances after the crime.

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