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(영문) 부산지방법원 2020.07.22 2020고단1932
건설산업기본법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of "C" in Busan Dong-gu, and a person who intends to carry on construction business shall file for registration with the Minister of Land, Infrastructure and Transport for each business type prescribed by Presidential Decree, and shall not carry on construction business without registration unless he/she falls under insignificant construction works prescribed by Presidential Decree.

Nevertheless, on August 5, 2015, the Defendant, without registering the construction business, performed a construction work with an estimated amount of KRW 30,360,000 at the E Hospital located in Busan Northern-gu, Busan, as well as construction work with an estimated amount of KRW 91,00,00 from that time until December 31, 2019, as stated in the attached list of crimes.

As a result, the Defendant did not register construction business with the Minister of Land, Infrastructure and Transport, and conducted interior construction business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. From January 1, 2016 to December 31, 2019, the provisions of the statutes governing the search results of construction industry knowledge and information systems shall apply as follows: the list of sales electronic tax invoices, a copy of the business registration certificate, a sales place, a photograph after posting, etc., the results of inquiry into the business registration number, and the results of inquiry into the business registration number;

1. Article 95-2 subparagraph 1 of the Framework Act on the Construction Industry, Article 95-2 (1) of the same Act and the selection of imprisonment, inclusive, with prison labor for the crime;

1. Article 62 (1) of the Criminal Act;

1. Although the total amount of construction work performed without registration of construction business without reason of sentencing under Article 62-2 of the Social Service Order Criminal Act exceeds 10 billion won, it is not good for the defendant to take one-time measures in consideration of the defendant's confession of crime, the fact that the defendant is seriously against himself/herself, the first offender, etc., and the punishment as ordered shall be determined in consideration of the defendant's age, character and conduct, environment, circumstances after the crime, etc.

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