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(영문) 수원지방법원 2017.01.12 2016고정1277
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of Company B, and Company B is a corporation that runs a construction business such as Changho Construction and Iron Construction.

Any person who intends to operate a construction business shall register the national land with the Minister of Construction and Transportation by industry prescribed by Presidential Decree.

1. On December 5, 2013, Defendant A, without registering the construction business with the Minister of Construction and Transportation, carried on construction business by obtaining a contract from D Co., Ltd for the installation of a window at KRW 189,200,000 of the total cost of the new E-construction works located in friendliness from D Co., Ltd.

2. Defendant B, at the time and place specified in paragraph (1), committed the above violation against Defendant B, who is the representative director of the Defendant, in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written accusation for the preparation of a water supply market;

1. A contract for the execution of construction works;

1. Application of Acts and subordinate statutes governing registration;

1. Article 96 subparagraph 1 of the Framework Act on the Construction Industry, and Article 9 (1) of the same Act, and Article 98 (2), Article 96 subparagraph 1 of the same Act, Article 96 (1) of the Framework Act on the Construction Industry, and Article 98 (2), Article 96 subparagraph 1, and Article 9 (1) of the same Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The Defendants’ reasons for sentencing under Article 334(1) of the Criminal Procedure Act are against the instant crime when the Defendants were found to have committed the instant crime in this Court; the Defendants were first offenders; the Defendants’ registration of construction business was completed on April 1, 2016 and there was no risk of reoffending; and the Defendants’ details leading to the instant crime and details of the construction, and the scale of the construction cost actually received under the instant construction contract shall be determined as ordered by taking into account the circumstances leading up to the instant crime, the details of the construction, and the scale of the actual construction cost

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