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(영문) 창원지방법원 진주지원 2015.02.11 2014고정414
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 4,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

1. Defendant A

A. On November 8, 2013, the Defendant subcontracted the construction of urban gas pipelines for G and H housing in the E office located in Jinju-si to B, a non-registered constructor, at the time of Jinju-si, contracted by F.

B. Around December 2013, the Defendant subcontracted the construction of urban gas pipelines contracted from J, a housing owner located in J, and L, a housing owner located in K, to B, a unregistered constructor.

2. Defendant B

A. On December 6, 2013, the Defendant had installed urban gas pipelines laid underground to the Minister of Land, Infrastructure and Transport without registering a gas facility construction business to the Minister of Land, Infrastructure and Transport, from J and H, around December 6, 2013.

B. On December 2013, the Defendant had installed urban gas pipelines laid underground to the Minister of Land, Infrastructure and Transport without registering gas facility construction business to the Minister of Land, Infrastructure and Transport at Jinju-si and K around December 2013.

Summary of Evidence

1. Each legal statement of the Defendants (the Defendant B is on the date of the second trial)

1. Examination protocol of Defendant A by the prosecution;

1. Each police statement of M, F, N,O, or L;

1. A written application for consultation on the review of construction works, each construction plan, each contract for construction works, and each contract for construction works;

1. Photographs photographs of each construction condition;

1. Application of Acts and subordinate statutes to investigation reports (submission of B deposit details, etc. of suspects);

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

(a) Defendant A: Article 96 Subparag. 4 of the Framework Act on the Construction Industry and Article 25(2) of the same Act;

(b) Defendant B: Article 96 Subparag. 1 and Article 9(1) of the Framework Act on the Construction Industry (Selection of Fines)

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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