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(영문) 대구지방법원 서부지원 2017.05.19 2017고정16
건설산업기본법위반
Text

Defendants shall be punished by a fine of three million won.

Defendant

If A does not pay the above fine, it shall be 100,000 won.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of elevator manufacturing, etc., and Defendant A served as the B representative director, who is engaged in business and overall management of the company.

1. Any person who intends to conduct defendant A construction business shall register the national land with the Minister of Construction and Transportation by industry prescribed by Presidential Decree;

Nevertheless, on July 24, 2015, the Defendant entered into a construction contract with the representative F of the said kindergarten to receive KRW 18 million from the E kindergarten price, without registering an elevator installation work business. From August 24, 2015 to July 2016, the Defendant installed an elevator at the said E kindergarten from around August 2015 to July 2016.

2. Defendant B Co., Ltd., at the time of Defendant A’s representative, did not register an elevator installation work business with the Minister of Construction and Transportation, and installed an elevator without registering the elevator installation work business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. Application of investigation reports (the details of inquiries by the office of the month in which the business of installing an elevator is registered and by the national land), investigation reports (Attachment of a certified copy of the corporate registry), and investigation reports (examination of relevant Acts and subordinate statutes);

1. Defendant A of Article 96 of the Framework Act on the Construction Industry; Article 96 subparag. 1 and Article 9(1) of the same Act; Article 98(2), Article 96 subparag. 1 and Article 96(1) of the Framework Act on the Construction Industry; Selection of fines;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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