건설산업기본법위반
A defendant shall be punished by imprisonment for not less than five months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 28, 2016, the Defendant was issued a summary order of KRW 7 million as a crime of violating the Framework Act on Construction Industry in the Sungnam support of Suwon Friwon.
Criminal facts
The defendant is a person who constructed two multi-family housing units with the five floors above ground in Seosan-si B.
1. No person who violates the prohibition against lending a construction business registration certificate, etc. shall perform 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;
On December 2, 2016, the Defendant, at the site of the construction project at the end of the end of the month, shall be deemed 500 won in the indictment of KRW 5 million in connection with the construction of two multi-family housing units in Seosan-si, Seosan-si, but shall be corrected in writing.
and was leased a construction business registration certificate, etc. of the Unauthorized Construction Co., Ltd.
2. Construction works concerning the construction or substantial repair of a residential building, the total floor area of which exceeds 661 square meters, for a constructor’s violation of restrictions on construction works, shall be performed by the constructor;
Despite the fact that the Defendant is not a constructor from January 2017 to March 20 of the same year, the Defendant constructed an apartment house with the total floor area of 885.28 square meters in Seosan City, which is a residential building with the total floor area of 885.28 square meters in Seosan City, and one apartment building, which is a residential building with the total floor area of 1169.36 square meters, respectively.
Summary of Evidence
1. Statement by the defendant in court;
1. Copy of protocol concerning the examination of suspect C by the police; and
1. Matters concerning the building permit and permission;
1. A report on the change of construction participants:
1. Previous convictions indicated in the judgment: Inquiry of criminal history, investigation report (Attachment of the same criminal record and the summary order), application of the statutes governing summary orders;
1. Relevant Article 96 of the Act on the Construction Industry, subparagraph 3 of Article 96 of the Framework Act on the Selection of Punishment, Article 21 (1) (a point of borrowing a registration certificate, etc. of construction business), Article 96 subparagraph 5 of the Framework Act on the Construction Industry, and Article 41 (1) 1 of the Framework Act on the Construction Industry, and the selection of imprisonment for each crime;
1. Aggravation concurrent crimes;