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의정부지방법원 2017.04.27 2017고정134

건설산업기본법위반

Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

The Defendant is a project owner who directly executed two multi-household housing units in Eunpyeong-gu Seoul Metropolitan Government.

1. Construction works concerning the construction or substantial repair of residential buildings, the total floor area of which exceeds 661 square meters, among multi-family housing under the Building Act subject to the restriction on a construction contractor, shall be performed by the constructor;

Although the Defendant is not a constructor registered with the Minister of Construction and Transportation, from August 4, 2014 to April 14, 2015, the Defendant directly constructed two multi-household houses with the total floor area of 1,386.42 square meters, including 1,386.42 square meters of the ground, 11 square meters of the ground, 1, 4, 11 square meters of the ground, 2014 to 2 in Eunpyeong-gu Seoul Metropolitan Government.

2. No person who lends a construction business registration certificate, etc. shall perform construction works by using his/her name or trade name or lend his/her construction business registration certificate or construction business registration pocket book;

Nevertheless, while carrying out the construction of a new building under the above 1.1. Around November 19, 2014, the Defendant paid KRW 44 billion, which is KRW 400,000,000,000,000 of the construction cost, and constructed a building as set forth in the above 1.1.1.

Summary of Evidence

1. Statement by the defendant in court;

1. All documents submitted at the time of filing a report on the commencement of construction, such as the building ledger, full-time construction business registration certificate, etc., and report on internal investigation (Attachment of multi-household housing books, etc. newly built by a suspect A, and attachment of C (this name: D) additional entry and additional copy of those affixed thereto);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article of the Act and Article 96 Subparag. 3 and Article 21 of the former Framework Act on the Construction Industry (amended by Act No. 14015, Feb. 3, 2016; hereinafter the same shall apply) on criminal facts (loan of registration certificate of construction business).