건설산업기본법위반
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.
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.