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(영문) 의정부지방법원 고양지원 2017.11.09 2017고정1051

건설산업기본법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Defendant

A is a building contractor who constructed a building for multi-household use in the Seo-gu, Seo-gu, Busan, Seo-gu, and one parcel of Gyeonggi-do.

No person shall receive a contract for or execute construction works by using the name or trade name of a constructor or lend a construction business registration certificate or construction business registration pocket book.

Nevertheless, the Defendant, in the process of constructing a building for multi-household use in the Seocho-gu, Seoyang-gu, Busan Special Metropolitan City on June 2016, the Defendant paid KRW 300,000 as a loan to the above company construction business registration certificate, etc. to a person who is unable to know his/her name in the process of constructing a building for multi-household use in the first place and in the first place, the Defendant received a loan from the representative D of “C (State)”, which is a constructor necessary for reporting the commencement of construction works through a person who is not aware of his/her name.

6. 14. He submitted a report on the commencement of construction to the Sinsan-gu Office.

Accordingly, the defendant constructed a building by leasing the construction business registration certificate of the CBA.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the current status of report on commencement, report on commencement, and statutes on contracts for private construction works;

1. Relevant legal provisions and Articles 96 Subparag. 3 and 21 of the former Framework Act on the Construction Industry (wholly amended by Act No. 14708, Mar. 21, 2017); the selection of fines for criminal facts;

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

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