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(영문) 서울북부지방법원 2013.10.28 2013고정2416
건설산업기본법위반
Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative of corporation B in Gangnam-gu Seoul Metropolitan Government, and the defendant corporation B is a corporation established for the purpose of construction business.

1. From February 17, 2011 to February 25, 2011, Defendant A carried on construction business without registering a specialized construction business for facilities maintenance business, etc. by performing construction works for the third floor special room of the Ehigh School Network in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, for a contract with the head of the above school for KRW 18,480,000.

2. Defendant B, at the same time and place as in paragraph 1, had a construction business run without registering a specialized construction business as described in paragraph 1 with respect to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. The police statement concerning F;

1. Accusation of the Seoul Special Metropolitan City superintendent of education;

1. Application of statutes to disbursement resolutions, electronic tax invoices, standard contract contracts for construction works, estimates, and disbursement goods;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 96 Subparag. 1 and Article 9(1) of the former Framework Act on the Construction Industry (Amended by Act No. 10719, May 24, 201) (Selection of Fines)

B. Defendant B: Articles 98(2) and 96 of the former Framework Act on the Construction Industry (Amended by Act No. 10719, May 24, 201)

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

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

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