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(영문) 수원지방법원 2016.06.16 2016고정347
건설산업기본법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who runs a construction business under the trade name of “C Construction” in Suwon-si, Suwon-si.

Any person who intends to operate a construction business shall register the national land with the Minister of Construction and Transportation by industry prescribed by Presidential Decree.

Nevertheless, on October 21, 2013, the Defendant entered into a contract with the land owner E to create an electric housing complex of KRW 175,000,000 in the amount of civil engineering works, and KRW 4,000,00 in the construction cost per square. On October 21, 2013, the Defendant carried out the civil engineering works on the said site from around that time to July 22, 2014.

Accordingly, the Defendant carried on construction business without registering the construction business license.

Summary of Evidence

1. Statement by the defendant in court;

1. Written accusation by the Commissioner of the National Land Management Agency for the original State;

1. A copy of contract;

1. Application of Acts and subordinate statutes to a investigative report ( Results of inquiry into the construction industry knowledge and information system);

1. Article 96 subparagraph 1 of the Framework Act on the Construction Industry and Article 96 (1) of the same Act concerning facts constituting a crime, selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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