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(영문) 의정부지방법원 고양지원 2017.10.12 2017고정821

건설산업기본법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a construction contractor who constructed a factory-use building in the land outside C and one lot of land in Pakistan.

No person shall receive a contract for or execute 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 May 2016, the Defendant received a copy of the construction business registration certificate of D (State) from the E of “D (State)”, which is a constructor necessary for reporting the commencement of construction works through a person whose name is not known, from the E of “D (State)”, to a person whose name is not known, in the course of constructing a building for factory use in C and one lot of land outside of C and one lot of land, for the purpose of lending the construction business registration certificate of D (State) to a person who is not aware of the name.

6.9. A report on commencement was filed for self-Viewing viewing.

Accordingly, the defendant constructed a building by borrowing a construction business registration certificate from D (State).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on completion of the commencement report, standard contract for private construction works, and construction registration certificates;

1. Article 96 of the relevant Act on criminal facts and subparagraph 3 of Article 96 of the Framework Act on the Construction Industry Selection of Punishment (Selection of Penalty) and Article 21 (1) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;