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(영문) 창원지방법원 마산지원 2018.11.23 2018고정270
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B, and the defendant corporation B is a corporation established for the purpose of construction work and removal business.

Any person who intends to operate a construction business shall register the land to the Minister of Construction and Transportation by industry as prescribed in Article 7 of the Enforcement Decree of the Framework Act on the Construction Industry.

1. Although Defendant A did not register a comprehensive construction business or specialized construction business prescribed in Article 7 of the Enforcement Decree of the Framework Act on the Construction Industry, Defendant A drafted a standard contract for private construction works with the purport that the construction company office located on October 20, 2015, located on the second floor, including the construction of steel-line concrete in the amount of KRW 160,000,000 among the construction works of Changwon-si, Changwon-si, the construction company’s office located on the second floor, and the construction of steel-line concrete in the area of KRW 174,00,000,000 among the construction works of new Gtel at Changwon-si, the construction company completed a contract for construction of steel-line concrete in the amount of KRW 174,00,00,000 among the construction works of new Gtel at Changwon-si, and had the construction (owner) perform the construction work at the construction site between October 23, 2015 and January 22, 2016.

2. Defendant B Co., Ltd. had Defendant A perform the same act as the above 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each contract for construction works;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions and punishment for facts constituting a crime - Defendant A: Articles 95-2 subparag. 1 and 9 (1) of the Framework Act on the Construction Industry; Selection of fines; Defendant B: Articles 98 (2), 95-2 subparag. 1 and 9 (1) of the Framework Act on the Construction Industry;

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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