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(영문) 수원지방법원 성남지원 2016.11.17 2016고단2738

건설산업기본법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall borrow a construction business registration certificate or construction business registration pocket book of another constructor, perform construction works by using his/her name or trade name, and construction works for constructing multi-family housing of not more than 661§³ in total floor area shall be conducted by the constructor.

Nevertheless, around November 2015, the Defendant borrowed relevant documents, such as a construction business registration certificate, etc. in the name of the Dispute Resolution Co., Ltd., which is necessary to report the commencement of construction from the Gyeonggi-si, Gwangju-si, and even though it is not a constructor, the Defendant reported each commencement of construction in the name of the Dispute Resolution Co., Ltd. on November 16, 2015, and constructed two multi-family housing units (A and D) with a total floor area of 658.12 square meters at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Business registration certificate, construction business registration certificate, and construction business registration pocketbook;

1. Application of Acts and subordinate statutes on each building permit and each report on commencement;

1. Subparagraph 3 of Article 96, Article 21 (1) of the Framework Act on the Construction Industry for criminal facts (a point of borrowing a construction business registration certificate and a construction business registration pocketbook), subparagraph 5 of Article 96 and Article 41 (1) of the Framework Act on the Construction Industry (a point of violating restrictions on constructors of construction works);

1. Selection of each of the selective fines for punishment (i.e., the fact that the defendant and his/her wife are both different from each other and do not have the same criminal records);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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