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(영문) 대구지방법원 서부지원 2018.09.19 2018고단237
전기공사업법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

A person who intends to engage in electrical construction business shall register with the Mayor/Do Governor having jurisdiction over the location of the principal place of business.

Nevertheless, the Defendant, without registering the electrical construction business from March 8, 2017 to May 8, 2017, performed the construction of a replacement lighting system for underground parking lots and common area PED before the Daegu-gu apartment complex.

Accordingly, the defendant operated electrical construction business without registering the electrical construction business.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on complaint filing and replies to the ordinary ledger of industry;

1. Subparagraph 1 of Article 42 and Article 42 (1) of the Act on the Electrical Construction Business for Criminal Facts, and the selection of fines for the electrical construction business;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel's assertion is merely a construction work to replace the existing type of light, etc. with a ED registration ledger attached by a reduction of license, which constitutes an electrical construction business which provides minor electrical construction, and an electrical construction business under the proviso of Article 3 (1) of the Act and Article 5 (1) 1 of the Enforcement Decree of the Electrical Construction Business Act and a construction work which constitutes remuneration and exchange of the former type of electric appliances, and thus can be conducted without registration with the competent authority.

The argument is asserted.

2. The terms used in this Act shall be defined as follows:

1. The term "electric construction" means any construction works to install, maintain and repair any of the following facilities, etc. and works incidental thereto, which are prescribed by Presidential Decree:

Article 3 (Restrictions, etc. on Electrical Construction) (1) No person, other than a constructor, may receive a contract or execute electrical construction.

Provided, That this shall not apply to minor electrical construction prescribed by Presidential Decree.

Article 2 (Electric Construction) (1) of the Enforcement Decree of the Electric Construction Business Act (hereinafter referred to as the "Act") 2.

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