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(영문) 광주지방법원 2020.02.13 2019고정53
건설산업기본법위반
Text

The sentence of sentence against the defendant shall be suspended.

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.

On March 24, 2016, the Defendant, as the representative director B of a corporation registered for a specialized construction business, a reinforced concrete construction business, and a water supply and sewerage facility construction business, and the “G complex” as stated in the facts charged of the facts charged of the E-Housing District F Complex in Guro-gu Seoul Metropolitan Government, appears to be a clerical error, and thus ex officio is corrected. The Defendant was awarded a subcontract for construction works of apartment (four sections) in the contract amount of KRW 1,893,440,112, and without registering a specialized construction business, engaged in construction business without registering the said contract amount of KRW 200,324,706, out of the said contract amount, without registering a Bolingginging construction business.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness H in the court;

1. Application of Acts and subordinate statutes to a accusation, request for disposition of audit results, full certificate of registered matters, business registration certificate, each construction business registration certificate, subcontract agreement, and subcontract alteration contract for construction works;

1. A prosecutor under Article 96 Subparag. 1 of the former Framework Act on the Construction Industry (amended by Act No. 14708, Mar. 21, 2017) was indicted by applying Article 95-2 of the Framework Act on the Construction Industry, but the Act, which was in force on the date of the instant crime, was applied.

Article 9(1)(Selection of Fines)

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e., Supreme Court Decision 2006Do1488, Apr. 2, 2008)).

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