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(영문) 대법원 2014.07.24 2013도12937
건설산업기본법위반
Text

All the judgment below is reversed, and the case is remanded to Busan District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. The main sentence of Article 9(1) of the Framework Act on the Construction Industry provides that "a person who intends to operate construction business shall register with the Minister of Land, Infrastructure and Transport according to the type of business prescribed by Presidential Decree." Article 96 subparagraph 1 of the same Act provides that a person who runs construction business without registration pursuant to Article 9(1) shall be punished by punishment. A person who runs construction business without registration in violation of the above provision shall be punished by the same kind of act in the nature of the constituent elements of the crime. If it is reasonable to evaluate the whole of repeated acts as one act because several acts are conducted in a similar way near a single and continuous criminal intent, such acts shall be punished by a single comprehensive crime.

(see, e.g., Supreme Court Decisions 92Do3405, Mar. 26, 1993; 2002Do1855, Jul. 26, 2002). The statute of limitations for a single comprehensive crime shall run from the time when the final criminal act has been completed.

(2) On October 11, 2002, the court below acknowledged that Defendant A operated J without registration of the construction business and performed construction works at the Incheon National University Busan National University Hospital over 13 times in total. Defendant B operated K without registration of the construction business and performed construction works at the Incheon National University Busan National University Hospital, etc. on a total of 21 occasions without registration of the construction business. The Defendants ordered construction works at the Busan National University National University University Busan National Hospital when operating the construction business without registration of the construction business and ordered construction works at that time from time to time by the above Busan National University, and each construction shall be deemed to constitute separate crimes. The Defendants’ respective construction works shall be deemed to constitute a single and continuous crime, on the premise that it is difficult to view that each of the construction works of the Defendants shall be deemed to constitute a single and continuous crime, and since each of the construction works of the Defendants is a separate crime and each of the substantive concurrent crimes is established at the time of completion of each criminal act.

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