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(영문) 수원지방법원 2014.01.15 2012고정1885
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. Defendant A is a representative of “F” in Sungnam-si Etel B-723, Sungnam-si.

Any person who intends to operate a specialized construction business shall register a specialized construction business by type of business except for minor construction works (less than ten million won in the predetermined construction cost) as prescribed by Presidential Decree to the Minister of Land, Transport and Maritime Affairs.

Nevertheless, around March 30, 201, the Defendant entered into a contract for remodeling works at H University located in G in Sungsung-si (contract amounting to 3,972,000 won), and thereafter, up to May 17, 201, the Defendant carried on construction works without registering “internal construction works” as a specialized construction business entity.

2. Defendant B is the representative of the “K” in Ansan-gu, Mayang-gu.

Any person who intends to operate a specialized construction business shall register a specialized construction business by type of business except for minor construction works (less than ten million won in the predetermined construction cost) as prescribed by Presidential Decree to the Minister of Land, Transport and Maritime Affairs.

Nevertheless, around April 30, 2009, the Defendant entered into a contract for the construction of a new building at H University located in G in Sungsung-si (a contracting amount of KRW 37290,000), and thereafter, performed installation works of a shock network from that time to May 14, 2009, and the Defendant carried on construction business without registering “metallic structure construction business” as a specialized construction business entity.

Summary of Evidence

1. Defendants’ partial statement

1. The written accusation, written confirmation (matters concerning the execution of facility construction), written contract for construction work (construction of a new building) and written statement, written statement, business registration certificate (KB), contract for the alteration of the construction contract, contract for the alteration of the construction contract (H-F), application for permission for the extension of the construction completion period, written application for the permission for the extension of the construction completion period, written statement, business registration certificate, and written answer;

1. This Court.

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