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(영문) 부산지방법원 2020.12.23 2020고정1136
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where the defendant does not pay the above fine, one day shall be 10.

Reasons

Punishment of the crime

A person who intends to engage in construction business shall register a specialized construction business for each type of business with the Minister of Land, Infrastructure and Transport except for minor construction works (less than 15 million won in the predetermined construction cost), as prescribed by Presidential Decree.

Nevertheless, on October 29, 2018, the Defendant, a specialized construction business entity, did not register the “in-house construction business,” and carried out an indoor construction business without registration in such a manner that D receives a contract for the total construction cost of KRW 25 million from “C” office located in Busan-gu E office located in Busan-gu, Busan-gu, and performed construction work until November 13, 201 of the same year and received a total of KRW 24 million from the said D.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police statement of the defendant concerning D's legal statement, the details of account transfer, and the investigation report of estimates;

1. Relevant Article of the Framework Act on the Construction Industry and Articles 95-2 subparagraph 1 and 9 (1) of the same Act concerning the selection of criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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