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(영문) 부산지방법원 동부지원 2013.07.16 2013고단1474
건설산업기본법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From June 2004, the Defendant is a person who is engaged in construction business with the trade name “C” in Busan Jin-gu, Busan.

Any person who intends to run a construction business shall register it with the Minister of Land, Transport and Maritime Affairs.

Nevertheless, on June 23, 2008, the Defendant entered into a contract with the E Universities and Colleges in Busan Shipping Daegu D with respect to the waterproof Construction Work for the Roof of the E Universities and Colleges (hereinafter “EM”) in terms of KRW 53,581,00,000.

In addition, the Defendant carried out construction business without registration by entering into a contract with the E University over 17 times from May 2008 to February 2010, as described in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports (verification as to whether registration of a specialized construction business operator is registered), investigation reports (report attached to construction contracts);

1. Article 96 Subparag. 1 of the Framework Act on the Construction Industry (amended by Act No. 9875 of Dec. 29, 2009) and Article 9(1) of the former Framework Act on the Construction Industry (amended by Act No. 9875 of Dec. 29, 2009

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that there is no military force to commit the same kind of crime, and that there is a reflector);

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