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(영문) 인천지방법원 부천지원 2014.05.23 2014고정335
건설산업기본법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who operates a construction company with the trade name of “stock company D” on the first floor of the Nowon-gu Seoul Special Metropolitan City C underground.

A person who intends to engage in a specialized work, the estimated amount of which is at least fifteen thousand won, shall file for registration with the Minister of Land, Infrastructure and Transport.

Nevertheless, on June 25, 2013, the Defendant did not register with the Minister of Land, Infrastructure and Transport, and entered into a construction contract with the said F’s spouse for the interior construction work of dance practice room operated by the said F’s spouse between the said F and the F, and entered into a construction contract with the said construction work amounting to KRW 15,320,00.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to petitions, relevant documents and written opinions of suspects;

1. Article 96 of the Framework Act on the Construction Industry and the main sentence of Article 96 (1) of the Framework Act on the Construction Industry and the selection of fines concerning criminal facts;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Determination as to the assertion by the defendant and his defense counsel under Article 59(1) of the Criminal Act (the first offender, the excess amount is a small amount, the fact that the crime of this case appears to have been committed as the site of the law, and the circumstances leading to the additional construction) of the suspended sentence

1. 420,00 won, which is an additional assertion, should not be deemed as an expected amount. Thus, the Defendant performed construction works, the expected construction amount of which is less than 15 million won, which is not required to register the construction business.

2. According to the evidence examined above, ① Defendant and F set the construction amount of 14,90,00 won on June 25, 2013 at KRW 14,90 (excluding value-added tax) and entered into a contract for interior construction in a dance practice room with the construction completion date up to July 10, 2013; ② Defendant, upon receiving a request from F during the said construction work, issued an additional order to go back from F, on July 8, 2013.

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