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(영문) 서울중앙지방법원 2019.07.22 2019고정1110
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of the defendant B, who is engaged in the business of facility maintenance and repair.

1. No person may conduct interior construction work with the estimated amount of at least 15 million won except construction work falling under any of subparagraphs of Article 8 (2) of the Enforcement Decree of the Framework Act on the Construction Industry without registration from the Minister of Land, Infrastructure and Transport;

Nevertheless, on January 12, 2018, the Defendant entered into an indoor building construction contract with E in the Gangnam-gu Seoul Metropolitan Government C Apartment D amounting to KRW 137,00,000, and entered into an indoor building construction contract with E.

In this respect, the Defendant run an indoor construction work with a total amount of at least 15 million won without registering construction business to the Minister of Land, Infrastructure and Transport.

2. Defendant B is a corporation established for the purpose of interior building business, etc.

With respect to the defendant's business at the date, time and place specified in Paragraph 1, A, the representative director of the defendant, was engaged in indoor construction work with the expected amount of 15 million won or more without registration of construction business.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. The result of the contact search;

1. Application of Acts and subordinate statutes on a contract for construction, estimate, details of construction work execution, and deposit sheet;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 95-2 subparag. 1 and Article 9(1) of the Framework Act on the Construction Industry; the selection of fines

(b) Defendant B corporation: Article 98(1), Article 95-2 subparag. 1, and Article 9(1) of the Framework Act on the Construction Industry

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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