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(영문) 수원지방법원 평택지원 2013.10.10 2013고정513
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

If the Defendants did not pay each of the above fines, 50.

Reasons

Punishment of the crime

A person who intends to engage in construction business shall file for registration with the Minister of Land, Infrastructure and Transport.

1. Defendant A was the representative of D company without registration of construction business, and around July 29, 2009, Defendant A entered into a contract with E University Multicultural Family Center's lecture room remodeling work at E University to KRW 20 million and carried out construction business without registration of construction business from that date to August 14, 2009.

2. Defendant B was the representative of the F Company without registering the construction business, and around January 30, 2012, Defendant B entered into a contract with the E University Department Remodeling at the above E University to perform the construction business without registering the construction business by performing the said construction business from the date and time to February 11, 2012.

3. Defendant C was the representative of G company that did not register the construction business. Around June 5, 2009, at a school foundation E-university located in Pyeongtaek-si H, Defendant C contracted the construction of cultural and social fire doors in the E-university to KRW 14 million and carried out the construction business without registering the construction business from that date to July 27, 2009.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of police statement to I and J;

1. Application of statutes to the Ministry of Education, Science and Technology;

1. Article 96 subparagraph 1 of the Framework Act on the Construction Industry and Article 96 (1) of the same Act and the selection of fines for the crimes;

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

1. On the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, Defendant A, who is a female under 61 years of age, has no criminal record except for a punishment imposed once by a fine, and in consideration of the closure of business after the instant case, Defendant B was an operator of the primary and detailed tester business, and the construction cost of Defendant B was KRW 31 million, floor materials, electricity, and lighting. In light of the fact that Defendant C was a separately subcontracted business, Defendant C is the operator of a small business.

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