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(영문) 서울동부지방법원 2018.06.15 2018고정526
건설산업기본법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a mutual construction enterprise called “D” in Songpa-gu Seoul Metropolitan Government.

A constructor who intends to perform interior construction works, the estimated cost of which is at least 15 million won, or assembly works for roof plates or buildings shall file for registration of specialized construction business with the Minister of Construction and Transportation.

Nevertheless, without registering a specialized construction business, the Defendant decided to perform construction of main stairs in Seoul Special Metropolitan City, on November 5, 2015 at “F kindergarten” located in Gwanak-gu, Seoul Special Metropolitan City, and entered into a contract for construction of 40 million won on January 1, 2016 with the head office and other construction works on January 1, 2016; and 36.3 million won on February 15, 2016; and 26.4 million won on February 15, 2016; the Defendant decided to perform construction of the head office on April 5, 2016; and 1,584 million won on April 5, 201; and to extend construction to the first floor on January 20, 2017; and concluded each construction work on January 1, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes concerning construction works;

1. Relevant legal provisions and Articles 96 subparag. 1 and 9(1) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017); selection of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Taking into account all the factors such as the fact that the defendant, applying Article 334(1) of the Criminal Procedure Act to the order of provisional payment, recognized his mistake and reflects it, the primary offender, the frequency of construction works conducted by the unregistered person, and the amount of construction, etc.

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