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(영문) 인천지방법원 부천지원 2019.06.18 2019고단865

건설산업기본법위반

Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 5,000,000 won, respectively.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A as an internal director of the Defendant Company B, the contractor who constructed the “D building” located in Kimpo-si C.

1. Defendant A

(a) No person shall receive a contract for or perform construction works by lending his/her name or trade name from a constructor or lend his/her construction business registration certificate or construction business registration pocket book;

Nevertheless, on October 19, 2017, the Defendant performed the construction of the said building on the construction site at the early stage of the Defendant’s early October 2017, by borrowing KRW 2 million in cash from a person whose name is unknown, the construction business registration certificate of E Co., Ltd. and the construction business registration pocket book, etc., and reporting the commencement of construction of the building to Kimpo-si Mayor on October 19, 2017.

(b) Construction works concerning the construction or substantial repair of a building other than a residential building, the total floor area of which exceeds 495 square meters in violation of the restriction on a contractor shall be performed by the constructor;

Despite the fact that the Defendant is not a constructor, the Defendant constructed the above building for the purpose of neighborhood living facilities with the total floor area of 1,930.78 square meters from October 2017 to August 2018.

2. Defendant B corporation

A. The Defendant, such as a construction business registration certificate, borrowed the construction business registration certificate and construction business registration pocket book, etc. of E Co., Ltd. as stated in paragraph (a) by the borrowed Defendant’s internal director, and carried out the construction of the said building.

B. The Defendant, in violation of the limitation on the constructor, constructed the above building even though A, a inside director of the Defendant, was not a constructor as described in paragraph 1(b).

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to a report on commencement, application for approval, approval for use, standard form for private construction supply contract, construction registration certificate (E), construction business registration pocketbook, and full certificate of registration;

1. Article applicable to criminal facts;

(a) Defendant A: Subparagraph 2 of Article 95-2 of the Framework Act on the Construction Industry and Article 21(2) of the same Act (the point of borrowing a construction business registration certificate and a construction business registration pocketbook) and the Gu.