logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.05.25 2015노4522
건설산업기본법위반
Text

The judgment of the court below is reversed.

Acquittal of the accused shall be acquitted.

Reasons

1. Summary of grounds for appeal;

A. The court below convicted the charged facts of this case, although the misunderstanding of legal principles already issued a summary order as a violation of the Framework Act on the Construction Industry on the ground of a construction business without registration, and the above summary order is also effective in this case. The court below erred by misapprehending the legal principles on the final judgment, which affected the conclusion of the judgment

B. The sentence sentenced by the court below to the defendant (the penalty amounting to 5,000,000) is too unreasonable.

2. The facts charged of the instant case shall be registered with the Minister of Construction and Transportation for each type of business prescribed by the Presidential Decree.

Nevertheless, on August 26, 2013, the Defendant, without registering the construction business, completed construction works in Jung-gu Incheon Metropolitan Government E, in the C church located in Jung-gu Incheon Metropolitan City, with D and “the predetermined amount of 3.3 million won,” and “the standard contract for private construction works” from September 2, 2013 to April 2014.

On February 10, 2014, Kimpo-si, Gopo-si, Jeju Jeju Jeju Jeju Jeju District, civil engineering works, which create F and 235,530,000 won to the cost of construction, and forest land as factory site, at the mar cafeteria located in the Jeju Jeju Jeju Jeju Jeju Jeju Jeju District.

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

“The content is.”

Meanwhile, according to the records, on October 28, 2015, the Defendant issued a summary order of KRW 5,000,000 to the charge of violating the Framework Act on the Construction Industry, which became final and conclusive on November 10, 2015, and the facts constituting the above summary order are “the Defendant is a person engaged in construction business without registering the construction business to the Minister of Construction and Transportation.”

From February 2, 2014 to November 201, 2014, the Defendant entered into a contract with F to improve the said forest land in three lots of forest land outside H in Kimpo-si.

arrow