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(영문) 서울남부지방법원 2017.11.16 2017고정58
건설산업기본법위반
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B from February 13, 2008, and Defendant B is a corporation established for the purpose of landscaping planting business.

A person who intends to run a construction business, the estimated cost of which is at least 15 million won, among construction works falling under a category of business performing specialized construction works and details of business in such category of business shall file for registration of the specialized construction business with the Minister of Construction and Transportation according to such category of

1. Defendant A entered into a construction contract with D University on June 15, 2015, without registering a specialized construction business for the Buddhist, waterproof, and tidal construction work, and entered into a construction contract with D University and the aforementioned University playground and constructed it.

2. Defendant B Co., Ltd. committed the above act of violation in relation to the Defendant Company’s business at the same time and place as stated in paragraph (1) above.

Summary of Evidence

1. A written accusation;

1. Results of inspection:

1. Approval for construction of stone festivals for D university or college playgrounds and official announcements related to the selection of enterprises;

1. Business registration certificate;

1. A certificate to be registered;

1. Expenditure resolution;

1. A letter of a report on the completion of construction works for stone festivals and sculptures at a D university or college playground;

1. Demand for completion;

1. Photographss before and after the installation of a stone shed for the drums;

1. Documents for the registration under B;

1. A detailed statement of each estimate (at least 11, 15 times);

1. Standard contract for each private construction project (the 12,13 at a net time);

1. Construction business registration certificate;

1. Investigation report (verification of the categories and details of duties of the construction business);

1. Investigation report (review on the scope of appurtenant works);

1. Investigation report (the result of inquiry as to whether the construction business is registered);

1. The results of the inquiry into the comprehensive information system of national land traffic infrastructure construction companies [i.e., the following circumstances recognized by integrating the above evidence, i.e., (i) the construction of a retaining wall wall of an existing old playground and a retaining wall of an existing site (hereinafter “the construction of this case”) appears to be the main content of newly piling up a playground fence. ② The total construction amount of KRW 54.9 million (= KRW 199 million) is KRW 35 million.

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