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(영문) 부산지방법원 서부지원 2019.08.29 2019고정538
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of indoor building business, etc., and the defendant A is a inside director who is the representative of B.

1. A person who intends to run a construction business shall file for registration with the Minister of Land, Infrastructure and Transport for each type of business, and construction works on construction works on the construction or substantial repair of any building used by a large number of people, other than residential buildings with a total floor area exceeding 495 square meters and with a total floor area not exceeding 495 square meters, among buildings used by a large number of people

Nevertheless, around June 9, 2017, the defendant entered into a contract for extension and substantial repair of the Fvalescent in D and Seo-gu, Busan, with the Minister of Land, Infrastructure and Transport without being registered, and extended and repaired construction around that time.

2. On June 9, 2017, Defendant B, a director in-house, committed a violation as above with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol concerning G;

1. Each police statement made to D, H and I;

1. Application of Acts and subordinate statutes to a copy of a standard contract for construction works;

1. Article 96 Subparag. 1, Article 96(1) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017); Article 96 Subparag. 5, Article 41(1) of the same Act (amended by Act No. 14708, Mar. 21, 201); and Article 96 Subparag. 5, Article 41(1) of the same Act (amended by Act No. 1408, Mar. 21, 201); Defendant B Co., Ltd.: Articles 98(2), 96 Subparag. 1, 96(1) of the same Act; Articles 98(2), 96 Subparag. 5, and 41(1) of the same Act (amended by Act No. 147

1. Defendants among concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The order of provisional payment;

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