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(영문) 부산지방법원 2021.03.29 2021고정118
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of C corporation specializing in the interior of hospital in the second floor of Busan Dongdong-gu B building.

Any person who intends to run a construction business shall register the national land with the Minister of Construction and Transportation by industry prescribed by Presidential Decree, and may do minor construction works the estimated amount of which is less than 15 million won without such registration.

Nevertheless, on March 28, 2014, the Defendant did not register the construction business, such as artificial park construction work with the E members in Busan-gu, Busan-do, for a total of 15 million won (the total amount of KRW 382,262,450) without registering the construction business, such as artificial park construction work, around 23 million.

Summary of Evidence

1. Statement by the defendant in court;

1. To search by G Association companies in the police statement protocol with F and to apply tax invoices to Acts and subordinate statutes;

1. Relevant Article of a crime and subparagraph 1 of Article 95-2 of the Framework Act on the Construction Industry Selection of Punishment and Article 9 (1) (Selection of Penalty) of the same Act;

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

1. In light of the purport of the system of registration of construction business that seeks to promote the proper execution of construction works for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the sound development of the construction industry, and to protect the lives and property of the people by preventing defective construction by a person without registration, there is no possibility of criticism for Defendant to run construction business without registration of construction business.

However, in light of the favorable circumstances, such as the fact that the Defendant recognized all the facts charged in the instant case and reflects the Defendant’s mistake in depth, the circumstance leading up to the instant crime appears to have been taken into account, and that the Defendant was an initial offender who has no record of criminal punishment, it would be deemed that the punishment of the summary order against the Defendant was excessive.

In addition, the records and arguments of this case, such as the defendant's age, occupation, sex, environment, family relationship, circumstances after the crime, etc.

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