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(영문) 서울서부지방법원 2017.01.06 2016고정1423
건설산업기본법위반
Text

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

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

The specialized construction business was not registered as the defendant.

Where the estimated amount of one construction work is at least 15 million won as a construction work falling under the category of performing specialized construction works and details of duties in such category of business, only a person who has filed for registration of specialized construction business may perform the construction work.

Nevertheless, B, the representative director of the Defendant, from June 1, 2012 to June 30, 2012, performed interior construction works consisting of KRW 19 million in the “D” located in Gangnam-gu Seoul, Gangnam-gu Seoul.

Accordingly, the defendant, the representative director, B, without registering specialized construction business, performed interior construction work for the defendant's business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A certificate of all registered matters;

1. Application of statutes on contracts;

1. Article 98 (2), Article 96 subparagraph 1, and Article 9 (1) of the Framework Act on the Construction Industry for criminal facts;

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

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