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The judgment below
Of the attached crimes list Nos. 3 and 5, the acquitted part on each violation of the Framework Act on the Construction Industry.
Reasons
1. Examining the legislative intent of the Framework Act on the Construction Industry and the nature and contents of each construction work listed in the separate sheet of crime (hereinafter “the construction work in this case”) carried out by the Defendant possessing only a license for interior construction business, it is recognized that the Defendant had carried on construction business without conducting the construction business for each type of business.
Nevertheless, the judgment of the court below which acquitted all of the facts charged of this case is erroneous in the misapprehension of legal principles.
2. Determination
(a) A person who intends to run a construction business based on the summary of facts charged shall register such business with the Minister of Land, Transport and Maritime Affairs;
Although the Defendant registered the construction business only for indoor construction business, the Defendant, from November 28, 2008 to December 21, 2008, carried on construction business without registering the construction business for each type of business, as described in the annexed crime list until February 19, 201, including the construction of “the installation of each Dong toilet 28 (28) and 1, and 2nd WC hot water meter” in the E University located in Bupyeong-si D from Busan to December 21, 2008.
B. On the following grounds, the lower court rendered a judgment that acquitted the Defendant under the latter part of Article 325 of the Criminal Procedure Act, since the instant facts charged constitute a case where there is no proof of crime.
Attached Form
The direct evidence that conforms to the fact that registration of a construction business is required for each type of business listed in the appropriate construction business license column listed in the list of crimes in the list of crimes is not the witness F's legal statement, audit results disposition, opinion reply as to the category of business in the construction business, G's protocol of interrogation of police officers in G' 11 among the 11 types of construction works.
There is a statement to that effect.
However, 1.