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(영문) 수원지방법원 2018.06.01 2018노53
건설산업기본법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (each fine of five million won) is too unreasonable.

2. The Defendants reflects the Defendants’ mistake, and there is no record of punishment exceeding the same kind and fine to Defendant A, etc., which are favorable to the Defendants.

Meanwhile, the crime of this case was committed by the Defendants using the E’s career certificate, and was registered with the Korea Construction Technology Association as if the Defendants were technical personnel working for Defendant B, thereby falsely registering the construction business with a false means, and the crime was not good in light of the background and method of the crime, etc., is disadvantageous to the Defendants.

In full view of the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the balance of sentencing with the same case, Defendant A’s age, sexual conduct, motive leading to the instant crime, circumstances after the commission of the crime, etc., it is difficult to view that the lower court’s respective punishment is too unreasonable.

Therefore, the above assertion by the Defendants is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure: Provided, That “Defendant E” of Articles 96 subparag. 1 and 9(1) of the Framework Act on the Construction Industry shall be applied ex officio under Article 25(1) of the Rules on Criminal Procedure to “E”; “Article 96 subparag. 1 and 9(1) of the former Framework Act on the Construction Industry” of “Article 96 subparag. 1 and 9(1) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017); “Article 98 subparag. 2, 96 subparag. 1, and 99(1) of the Construction Industry Act shall be amended to “Article 98(1) of the former Framework Act”; “Article 98 subparag. 1, 99(1), and 9(1) of the former Framework Act shall be amended to 97 subparag.

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