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(영문) 대구지방법원 김천지원 2016.10.13 2016고단679
건설산업기본법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operated a construction business with the trade name “C” in Kimcheon-si B.

1. Any person who intends to operate a unregistered construction business shall register the construction business with the Minister of Land, Infrastructure and Transport by industry;

Nevertheless, between October 18, 2015 and February 25, 2016, the Defendant, without being registered with the Minister of Land, Infrastructure and Transport in Masan-gun, contracted the construction cost of KRW 112,400,000 for prefabricated-type housing construction work from E and performed the said new housing construction work from March 2, 2015 to February 25, 2016, as shown in the list of crimes in the attached Table, operated the construction business, such as conducting new housing construction work without being registered with the Minister of Land, Infrastructure and Transport on a total of six occasions, as shown in the list of crimes.

2. No person who fails to file for registration of a construction business violating restrictions on labeling or advertising shall place an indication or advertisement that is a constructor of the relevant type of business in his/her place of business, advertisement, etc., or make an indication or advertisement that may be mistaken

While the Defendant did not register construction business as described in paragraph (1), from around 2012 to February 26, 2016, the Defendant operated the Internet site four-line (F) and posted the construction site, building photographs, etc. of the Defendant’s construction site, building photographs, etc. on the said block, and displayed an indication and advertisement that could mislead the Defendant as a constructor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Business registration certificate;

1. A copy of a construction contract, a contract, or a report on value-added tax;

1. Application of the Acts and subordinate statutes to photographs, such as Rabber advertising photographs;

1. Article 96 subparagraph 1 of the Framework Act on the Construction Industry, the main sentence of Article 9 (1) (main sentence), Article 97 subparagraph 1 of the Framework Act on the Construction Industry, Article 97 subparagraph 1 of the Framework Act on the Construction Industry and Article 11 (1) (including the fact that construction works are carried on as a business without registration), and the choice of imprisonment for each type of crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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