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(영문) 인천지방법원 부천지원 2017.02.16 2017고정77
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

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.

1. The Defendant is running a landscaping business under the trade name “B” and without registering the construction business, and from January 5, 2013 to the same year without registering the construction business.

1. Around 18.18. Between Seocheon-gu, Seocheon-si and Seocheon-gu, the amounting to KRW 26 million was “D University 2 Camp site construction works (e.g., planting and transplanting trees)” and carried out landscaping planting work, which is a specialized construction business.

2. The Defendant, without registering construction business, from April 7, 2013 to the same year without registering the construction business.

4. From the same place as in the preceding paragraph, the landscape planting construction business, which is a specialized construction business, was conducted by providing “Seomun-gu fence landscaping construction work” in the amount of KRW 16.5 million at the same place as in the preceding paragraph.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to data related to projects to improve education facilities of D University in 2013, such as the current status of contracts entered into by each accusation, specialized construction business entities, landscaping of outer walls, and materials related to projects to improve the environment of education facilities of D

1. Article 96 subparagraph 1 of the Framework Act on the Construction Industry and Article 99 (1) of the same Act concerning criminal facts and the selection of a punishment;

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

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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