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(영문) 서울중앙지방법원 2013.06.18 2013고정1586
건설산업기본법위반
Text

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

If the defendant does not pay the above fine, 50,000 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.

From early June 2012 to September 25, 2012, the Defendant registered construction works for overall remodeling of the 10th and second floors of the above building, such as the removal, remodeling, and repair of the ceiling on the rooftop and the 10th and second floors in Dongjak-gu Seoul Metropolitan Government, which is a residence of B, and the removal, repair, and repair work of each wall, the reconstruction and repair work of the floor, the repair and repair work of electric distribution lines and water pipes, and the removal, repair and repair work of toilets and water pipes, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning B;

1. A complaint and related documents;

1. Application of Acts and subordinate statutes to report on investigation of suspects;

1. Relevant Article of the Framework Act on the Construction Industry and Articles 96 subparagraph 1 and 9 (1) of the same Act on the Selection of Punishment for Criminal Facts;

1. The determination of the Defendant’s assertion regarding Articles 70 and 69(2) of the Criminal Act for the inducement of a workhouse constitutes construction work requiring registration if the expected amount exceeds KRW 50 million, as alleged by the Defendant, the construction work of this case constitutes “general construction work” (Article 7 subparag. 1 of the Enforcement Decree of the Framework Act on the Construction Industry) and “specialized construction work” among the types of business, and the instant expected amount exceeds KRW 10 million [Article 8(1)2 of the former Enforcement Decree of the Framework Act on the Construction Industry (amended by Presidential Decree No. 24155, Oct. 29, 2012)].

Therefore, the defendant's assertion is not accepted.

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