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수원지방법원 안산지원 2017.07.20 2017고정693
건설산업기본법위반
Text

Defendant shall be punished by a fine of five 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 prescribed by the Presidential Decree.

Nevertheless, without registering the construction business, the Defendant, as the representative of “B”, prepared a contract to perform the incidental civil engineering works from the said D Co., Ltd. with a subcontract price of KRW 232 million from the said D Co., Ltd. in the office of “D Co., Ltd.” in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon Metropolitan City, and the second floor D Co., Ltd. on November 2016.

Accordingly, the defendant was engaged in construction work without registering construction business according to the type of business.

Summary of Evidence

1. Statement by the defendant in court;

1. Written accusation by the Commissioner of the Seoul Regional Office for National Land Management;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Subparagraph 1 of Article 96 of the Framework Act on the Construction Industry for a crime 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. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment order is a crime that has a great social harm by impairing the order of the construction business community and causing problems such as defective execution, etc.

Nevertheless, this crime is limited to the construction industry, so strong punishment is needed.

Although the Defendant was aware of the facts charged, in this court, the administrative agency controlled himself/herself, who is a “west citizen,” and expressed a strong objection against the sentence of a fine.

It is doubtful whether the defendant properly recognizes his mistake.

No amendment shall be made.

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