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(영문) 춘천지방법원 영월지원 2017.04.28 2016고정56

건설산업기본법위반

Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

No constructor shall allow another person to contract or perform construction works by using his/her name or trade name or lend his/her construction business registration certificate or construction business registration pocket book to another person.

1. Around October 2012, Defendant A operated the said company’s temporary office located in Gwangju-si, Gwangju-si, with a license to engage in the steel reinforced concrete construction business. Around October 2012, Defendant A borrowed a copy of the business registration certificate under the name of the said company, a copy of passbook, a copy of passbook, a copy of a construction business registration certificate, a copy of a construction business registration certificate, an employee reduction book, and a certificate of seal impression. A used the said company’s trade name from November 8, 2012 to February 28, 2013, Defendant A had F Co., Ltd receive from the said company the “construction of H building” under the name of the said company and completed construction work. < Amended by Presidential Decree No. 23787, Nov. 8, 2012>

2. Defendant B, the representative of Defendant B, committed an act of violation as above in relation to his duties.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. A protocol concerning the interrogation of suspects of E;

1. Details of confirmation of facts, such as telephone;

1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawal;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 96 Subparag. 3 and Article 21 of the Framework Act on the Construction Industry; Selection of a fine;

(b) Defendant B: Articles 98(2), 96 subparag. 3, and 21 of the Framework Act on the Construction Industry;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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

1. The defendants who bear the costs of lawsuit: Determination as to the defendants and their defense counsel's arguments under the main sentence of Article 186 (1) of the Criminal Procedure Act

1. The assertion E is merely an on-site agent and does not lend his name.

2. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the court, the name of E is given.