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(영문) 부산지방법원 2016.01.21 2015고정4116
건설산업기본법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to engage in a specialized construction business with the trade name "D" in the Dong-gu Busan Metropolitan City, and a person who intends to engage in a specialized construction business shall register a specialized construction business for each type of business except minor construction works (less than KRW 10 million), as prescribed by Presidential Decree, with the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree.

Nevertheless, on January 23, 2014, the Defendant entered into a construction contract with F and F to change the purpose of use of the studio-type public notice office for the 3 and 4 floors of the 3 and 4 floors of the Geumcheon-gu Busan Metropolitan Government building in the amount of KRW 130,49 million, and entered into a contract with F and 130,000,000,000 from March 15, 2014 to March 15, 2014.

Accordingly, the Defendant carried on construction business without registering interior construction business which is a specialized construction business.

Summary of Evidence

1. Partial statement of the defendant (the second public trial date);

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to construction and management contracts, specifications, business registration certificates, tax invoices, and construction specifications;

1. Relevant Acts and Articles 96 subparagraph 1 and 9 (1) of the Framework Act on the Construction Industry for criminal facts and the selection of a penalty;

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

1. The defendant and his defense counsel's assertion about the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order constitute a ground for excluding liability because the defendant's crime of this case is recognized to be not an offense under Article 16 of the Criminal Act, and it constitutes a case where there are justifiable grounds for misunderstanding such a mistake.

"Act of misunderstanding that his act does not constitute a crime under Acts and subordinate statutes" in Article 16 of the Criminal Act shall not be punishable if the misunderstanding is based on reasonable grounds.

‘The phrase' does not mean a simple site of law, but is a case of general crime.

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