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(영문) 제주지방법원 2020.02.05 2018고단2342

건설산업기본법위반등

Text

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

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

Reasons

Punishment of the crime

The Defendant, “2018 Highest 2342,” under employment by the owner B, is a substantial constructor who implements a new construction work of Class I neighborhood living facilities (a total floor area of 1,920 square meters, 3 floors above ground) newly built in Jeju City, under the employment of KRW 4 million per month from the owner B.

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

Nevertheless, on November 2015, the Defendant, who became aware of by chance, paid KRW 8 million in cash to use the name D construction business registration certificate, etc. to build the above neighborhood living facilities. However, on January 6, 2018, the Defendant requested the lending of the sub-construction registration certificate to contact around early 2018 and requested the lending of the sub-construction business registration certificate in the name of the E company, which was sent by the above sub-party 707 in Jeju-si 707 in the above sub-si 707 in Jeju-si Do, and then reported the commencement of construction in the name of E company to the Jeju-si Do, which was under its jurisdiction, and then completed the construction of the above new neighborhood living facilities.

Accordingly, the Defendant borrowed a construction business registration certificate and construction business registration pocketbook from the constructor.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a copy of the report on internal investigation (Attachment of the details of commencement of the E Stock Company), copy of the report on internal investigation (request for cooperation related to constructors of the E Stock Company), standard contract for private construction works, construction registration certificate

1. Article 95-2 of the Framework Act on the Construction Industry and Articles 95-2 and 21 (2) of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order recognize and reflects his mistake, and the defendant is the same as the defendant.