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(영문) 춘천지방법원 2017.12.06 2017고정97
소방시설공사업법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the representative director of D who carries out the new construction of the Hancheon-gun Seoul collective housing.

A person who intends to perform fire-fighting system installation works shall register his/her capital and technical human resources with the competent fire-fighting office and conduct business.

Nevertheless, on July 9, 2015, the Defendant, without registering the fire-fighting facility business, entered into a collective contract for a certain amount of money (1.45 billion won, including the fire-fighting of electrical construction, and KRW 1.1 million among them) for the entire construction of a new apartment house in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, with no registration for the fire-fighting facility business, and again, performed a business without registering the fire-fighting facility business with a contract for a contract for a contract for a contract for a 74.8 million won to F on April 5, 2016, without registering the fire-fighting facility business with no registration for the fire-fighting facility business at KRW 1.1 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A protocol concerning each of the police suspects of H, G, or I;

1. Application of Acts and subordinate statutes to joint development agreements on real estate props (one thousand and two3 times), power of attorney (two thousand and two2 times a year), standard subcontract agreement for private construction works (five thousand and nine times a year), detection of violations of the Act and subordinate statutes on fire-fighting system construction business, report on violation of fire-fighting-fighting-related Acts and subordinate statutes, evidence and evidence of fire-fighting systems construction works by unregistered companies for fire-fighting facility business, standard contract for construction works, contract for private construction works (one-time 2

1. Relevant Articles 35 and 4 (1) of the Act on the Construction Business of Fire-Fighting Systems and Selection of Fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. Defendant’s assertion: ① A person who subcontracts part of the contracted construction work without registering the fire-fighting facility business to “a person who operates the fire-fighting facility business without registering the fire-fighting facility business in violation of Article 4(1)” under Article 35 of the Fire-Fighting Facility Business Act does not include a person who acquires profits equivalent to the difference.

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