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(영문) 서울남부지방법원 2016.12.21 2016고정2661

건설산업기본법위반

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. No constructor shall allow any third person to perform construction works by using his/her name or trade name or lend his/her construction business registration certificate to any third person, and no one shall become the other party;

Notwithstanding that the Defendant is not a constructor, on October 2015, the Defendant paid KRW 1.5 million to the employees of Yeongdeungpo-gu Seoul Metropolitan Government Company C on his/her name, and was leased a construction business registration certificate and a construction business registration pocketbook for employees C.

2. A constructor shall construct collective housing with a total floor area of not more than 661 square meters;

Despite the fact that the Defendant is not a constructor, the Defendant constructed a multi-family housing unit with the total floor area of 553.88 square meters in Yeongdeungpo-gu Seoul Metropolitan Government from October 25, 2015 to March 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (any statement suspected of being a suspect D and the details of the case A), investigation report (to be attached to the Ministry of Land, Infrastructure and Transport data);

1. Application of Acts and subordinate statutes, such as a contract agreement, contract agreement, summary of data on the Ministry of Land, Infrastructure and Transport reply, and construction business registration certificate;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 96 subparagraph 3 and 21 (1) of the Framework Act on the Construction Industry that requires the selection of punishment, and the selection of fines, respectively; Article 96 subparagraph 5 of Article 96 and Article 41 (1) 2 (a) of the Framework Act on the Construction Industry;

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;