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(영문) 서울중앙지방법원 2018.03.27 2018고정304

건설산업기본법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

No person shall receive a contract for or execute construction works by lending his/her name or trade name from a construction business operator or lend his/her construction business registration certificate or construction business registration pocket book.

Nevertheless, on October 14, 2016, the Defendant issued 7 million won to the construction site located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and leased C’s construction business registration certificate. On November 14, 2016, the Defendant reported the commencement of construction and performed construction works using C’s trade name.

Accordingly, the Defendant performed construction works by lending the trade name of C Co., Ltd. which is a constructor and borrowed a construction business registration certificate.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police station against D;

1. A written accusation;

1. Application of statutes to the current status of reporting the commencement of construction in 2016 (based on data of the Labor Welfare Corporation);

1. Relevant Article of a crime and subparagraph 2 of Article 95-2 of the Framework Act on the Construction Industry Selection of Punishment and Article 21 (2) (Selection of Penalty) of the same Act;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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