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(영문) 의정부지방법원 2018.02.08 2018고정23
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who is engaged in a construction business under the trade name of "B" and intends to engage in a construction business shall register with the Ministers for the Sea of the National Land according to the type of business prescribed by the Presidential Decree.

On February 6, 2017, the Defendant, without registering an indoor construction business, determined the estimated cost of interior construction work for D and the apartment complex D as KRW 21,100,000,00, around February 6, 2017. From around that time to February 16, 2017, the Defendant engaged in the construction business upon receiving KRW 20,80,000 from D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written estimate, a certificate of transfer details, and a written request for administrative disposition of a constructor;

1. Application of Acts and subordinate statutes governing construction photographs;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in the Defendant’s occurrence of defects due to the instant construction work, strengthening the criminal punishment against the unregistered constructor after the instant crime, and the amendment of the Act was made by taking into account the details of the instant crime and the circumstances before and after the instant crime, etc., and the punishment is determined as ordered.

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