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(영문) 서울남부지방법원 2017.08.16 2017고단2036
건설산업기본법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

A person who intends to operate a construction business shall register the land with the Minister of Construction and Transportation according to the type of business prescribed by Presidential Decree. However, the defendant did not register the construction business, at the window B located in Changwon-si, and at the office D (hereinafter “D”) located in Ulsan Metropolitan City (hereinafter “D”), among the F new construction works located in Ulsan-gu E located in Ulsan Metropolitan City, which is executed by the friendly development, he subcontracted the production and installation works again from D during the series of consecutive production and installation works subcontracted to D, from August 8, 2013 to November 201 of the same year.

Accordingly, the Defendant carried on construction business without registering construction business.

Summary of Evidence

1. Statement by the defendant in court;

1. As to C, a copy of each protocol concerning the examination of suspect by the prosecution;

1. Investigation report (Analysis of money that a person under consideration has received from D), investigation report (report on the verification of illegal subcontracting of construction works over the F upper part and a constructor without permission);

1. Written agreement of execution and standard subcontract agreement of construction works;

1. Application of Acts and subordinate statutes to the preparations, written statements and written answers;

1. Relevant Article of facts constituting a crime and subparagraph 1 of Article 96 and Article 9 (1) of the Framework Act on the Construction Industry Selection of Punishment (Selection of Imprisonment);

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, any act of running a construction business without registering the construction business, as in the instant case, may disrupt order in the construction business community and lead to defective construction. Considering the content and scale of the instant construction business, the liability for the relevant crime is not minor.

However, the punishment as ordered shall be determined by comprehensively considering the fact that the defendant makes a confession and reflects his/her mistake, the fact that there is no previous criminal record of the same kind of crime and there is no previous criminal record of the suspension of execution or more before, and the conditions of the sentencing

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