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(영문) 인천지방법원 2015.11.27 2015고정3242
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

A person who intends to engage in construction business shall file for registration with the Minister of Land, Infrastructure and Transport.

Nevertheless, on August 26, 2013, the Defendant, without registering the construction business, prepared a "standard contract for construction works" with D and "30 million won in the cost of construction," and conducted construction works in Jung-gu Incheon Metropolitan City E from September 2, 2013 to April 2014.

On February 10, 2014, Kimpo-si, Gopo-si, Jeju Jeju Jeju Jeju District, prepared a "standard construction contract agreement" with the F and "construction cost of 235,530,00 won, and forest land of 235,530,000 won as a factory site, and continuously performed civil works from February 12, 2014 to June 2014.

The Defendant carried on construction business without registering the construction business as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The application of Acts and subordinate statutes to the standard construction contract and the standard construction contract for private construction works;

1. Article 96 Subparag. 1 and Article 96(1) of the former Framework Act on the Construction Industry (Amended by Act No. 11794, May 22, 2013); the selection of fines for criminal facts;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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