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(영문) 대구지방법원 2018.07.06 2018고정377
건설산업기본법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

A person who has been awarded a contract for construction works from a person placing an order shall subcontract to a constructor who has registered the type of business corresponding to the construction works.

Nevertheless, at the D coffee shop located in Busan-si on September 15, 2017, the Defendant’s indictment that the Defendant did not register the business category corresponding thereto among the “E Construction Co., Ltd.” and the “no construction license” among the “E Construction Co., Ltd., the ordering owner” on September 12, 2017, the Defendant’s correction without following the amendment of indictment is apparent that it is a clerical error. Since the correction of the clerical error is not likely to substantially disadvantage the Defendant’s exercise of his/her right to defense, it is corrected without following the amendment of indictment.

subcontracted to F Company G as agent G.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of the Acts and subordinate statutes of the standard subcontract agreement for construction works, a letter of complaint, recording, investigation report (Attachment of reference data to the Korean Construction Association);

1. Article 96 subparagraph 4 of the Framework Act on the Construction Industry for a crime and Article 25 (2) of the same Act;

1. Selection of an alternative fine for punishment;

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

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

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