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(영문) 대구지방법원 2019.01.10 2018고정369
건설산업기본법위반
Text

Defendants shall be punished by a fine of five million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Although a person who intends to run a construction business must register the construction business by type of business prescribed by Presidential Decree with the Minister of Land, Transport and Maritime Affairs, the Defendants had been engaged in the construction business without being registered with the competent authority by receiving the interior construction of multi-household housing from A in Ansan-si around December 2013 by subcontracting the price of the apartment house in KRW 300 million from

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness E and D;

1. Some statements of each police interrogation protocol against the Defendants (including E statements)

1. Statement to E by the police;

1. A complaint, a standard contract for construction works, a notarial deed, a contract for sale in lots, a notice of assignment of claims, and a certificate;

1. Investigation Report (F Telephone Investigation) [Defendant A and his defense counsel] asserted that Defendant A introduced the instant construction work to Defendant B and did not directly engage in construction business. However, according to the evidence duly adopted and examined by the court, Defendant A conspired with Defendant B and did not register the instant construction work with the competent authority and can be acknowledged that Defendant A was engaged in construction business under a subcontract without registering it with the competent authority. Accordingly, Defendant A and the defense counsel’s assertion is not acceptable.).

1. Relevant Article 96 Subparag. 1 and Article 96(1) of the former Framework Act on the Construction Industry (Law No. 12012), Article 30 of the Criminal Act

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

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds as set forth in Article 334(1) and (3) of the Criminal Procedure Act.

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