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(영문) 대전지방법원 홍성지원 2018.02.01 2017고정334
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

If the Defendants did not pay each of the above fines, 100.

Reasons

Punishment of the crime

Defendant

B is the representative of “D”, and Defendant A is the employee of “D”.

1. Any person who intends to run a construction business shall register the land with the Minister of Construction and Transportation by industry as prescribed by the Presidential Decree;

Nevertheless, without registering construction business, the Defendant carried out concrete reinforcement works on the 1st and second floor of the steel-frame building in Boli-si, Boli-si, from November 29, 2014 to April 19, 2016.

2. Defendant B, who is an employee of the Defendant at the above time and place, did not register the construction business as above with respect to the Defendant’s business and performed concrete reinforcement works.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Standard contract on private construction works, and an electronic tax invoice;

1. Complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 96 Subparag. 1 and Article 96(1) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017; hereinafter the same shall apply); Defendant B selected to impose a fine: Articles 98(2), 96 Subparag. 1 and 9(1) of the former Framework Act on the Construction Industry; Articles 96 Subparag. 1 and 9(1) of the former Framework Act on the Construction Industry;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The revision of the relevant criminal law to strengthen criminal punishment against the unregistered constructor; the circumstances favorable to the defendants' implementation of the work; the defendants do not have criminal records; the defendants actually engage in the same business; the fine is imposed on both persons; the complaint is withdrawn; and the defendants' age, sexual conduct, environment, motive or consequence of the crime; and the circumstances of the crime after the crime are considered as the order.

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