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Defendant
A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 5 million.
Defendant
A above.
Reasons
Punishment of the crime
1. Defendant A is the representative director B, Inc.
A person who intends to engage in construction business shall file for registration with the Minister of Land, Infrastructure and Transport for each type of business prescribed by Presidential Decree, and shall not engage in construction business without registration or with registration obtained by illegal means.
Nevertheless, on February 24, 2017, the Defendant, without registering the construction business, entered into a contract for construction works equivalent to KRW 2.366,170,000,000,00 in the expected amount for civil construction works concerning the creation of a detached housing complex located in Yong-si, Young-si, and between around that time and around June 2017, the Defendant carried out the construction business without registration by selling soil using sckes at the construction site and discharging soil sold through the subcontractor.
2. The date, time, and place specified in paragraph (1) above, A, the representative of the defendant company, committed a violation as described in paragraph (1) above with respect to the business of the defendant company.
Summary of Evidence
1. Defendants’ respective legal statements
1. Legal statement of witness F;
1. Each police suspect interrogation protocol against Defendant A and G;
1. A written statement of the defendant B (136 pages)
1. A H statement;
1. Application of the standard contract form for construction works, transport contract, full certificate of registered matters (138 pages) Acts and subordinate statutes;
1. Relevant Articles and 9(1) of the Framework Act on the Construction Industry have been instituted as applicable provisions of the Act on the Construction Industry, but the establishment and punishment of crimes are governed by the Act at the time of acts, and the Framework Act on the Construction Industry amended on March 21, 2017 is more than that of the former Act, so that the former Act on the Construction Industry amended on March 21, 201 is more than that of the former Act, and thus, the latter is modified to the extent
Defendant
A: Article 96 Subparag. 1 and Article 96(1) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017).