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(영문) 수원지방법원 성남지원 2017.08.31 2017고단1441

건설산업기본법위반

Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Defendant C 2017 Highest 550] No person shall contract or execute construction works by using the name or trade name of the constructor, or receive a lease of a constructor’s construction business registration certificate or construction business registration pocket book, and the construction works on the construction or substantial repair of a building must be conducted by the constructor.

Defendant

C, even if it is not a constructor, around January 2016, leased a comprehensive construction business license of E Co., Ltd. from employees in the name of E at the site of a new construction project near Seongbuk-gu, Sungnam-si and around 2016, and submitted to the competent authority around the 28th of the same month a report, etc. on the commencement of construction works for construction of a new multi-household in Gyeonggi-gu, Y-gu, A, and around that time, constructed multi-household housing (a total floor area of 1,063.24 square meters) at the Sinnam-si, Sungnam-si, and constructed it.

[2017 Highest 1441]

1. Defendant A is an owner of multi-family housing with a total floor area of 656.43 square meters in two parcels, other than Gwangju City, and an owner of multi-family housing with a total floor area of 758.22 square meters in two parcels, other than Gwangju City.

(a) 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;

Nevertheless, on February 2016, the Defendant paid 4 million won in relation to the new construction of the foregoing multi-family housing at the construction site of the foregoing multi-family housing, and leased the construction business registration certificate of H, a company, to employees in non-existence of name, who work for H, a corporation, G, and two multi-family housing units outside Gwangju City.

(b) Construction works for constructing or repairing a residential building, which is an apartment building with a total floor area of not more than 661 square meters and a residential building with a total floor area of not more than 661 square meters, shall be performed by a constructor;

Even if the Defendant is not a constructor, the Defendant is the first-class from March 14, 2016 to December 1, 2016.