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(영문) 서울중앙지방법원 2017.08.09 2017고단3393

건설산업기본법위반등

Text

Defendant

A Imprisonment with prison labor for one year, for four months, for Defendant B, for a fine of four million won, and for Defendant C.

Reasons

Punishment of the crime

1. Defendant A

(a) No constructor who violates the Framework Act on the Construction Industry shall allow another person to contract or 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 to another person;

Nevertheless, the Defendant acquired D Co., Ltd. to engage in the business of lending construction registration certificate around March 18, 2016, and thereafter, from around the 25th of the same month to the name of broker broker for lending construction registration certificate, the Defendant borrowed the registration certificate of construction business in the name of D Co., Ltd. from around March 25, 2016 to at the request of the name of broker for lending construction registration certificate in order to request to lend the registration certificate of construction business necessary for multi-family housing newly constructed in the Dong-gu, Busan Metropolitan City and then lent the registration certificate of construction business in the name of D Co., Ltd.

6. From 20.20 to 20.2, a construction business registration certificate was lent to non-registered constructors in total at least 73 times, such as the list of offenses (1) in the attached sheet.

Accordingly, the defendant in collusion with the name infinite, let another person receive or execute the construction work by using his name or trade name, or lent the construction business registration certificate.

(b) No national technical qualification certificate for violating the Act shall be lent or lent to any other person, or shall arrange the lending;

Nevertheless, in order to satisfy the requirements that a construction business registered corporation will be registered with the Korea Construction Association, at least five building engineers, etc., and only if they are registered, the Defendant received a national technical qualification certificate from the owner of the national technical qualification certificate to borrow the license after paying the consideration for the loan, and around March 22, 2016, at the D office located in Seocho-gu Seoul, Seocho-gu I and 1616, the Defendant paid KRW 3 million to the broker for the lending of the nameless national technical qualification certificate.

The defendant in addition to this, and a list of annexed crimes (2).