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(영문) 서울동부지방법원 2018.08.23 2018고단2001

건설산업기본법위반등

Text

Defendant

A Imprisonment for 10 months, Defendant B shall be punished by a fine of 7,000,000 won, respectively.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

B A Co., Ltd. is a corporation established for the purpose of building construction business, etc. in the division-gu E in Gyeonggi-do and each building construction business in 803, which is registered in Gyeonggi-do, and the defendant A is the representative director of the above company.

1. Defendant A

(a) No constructor who lends his/her trade name to any third person shall allow any third 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;

Nevertheless, on July 14, 2016, the Defendant, at the foregoing state office, ordered H, the owner of the building of G-family housing in Yangcheon-gu Seoul Metropolitan Government, to perform construction works after filing a report on the commencement of construction with the said company’s trade name, and agreed to receive KRW 40 million at the time of completion of construction. From that time, the Defendant, from that time to October 18, 2016, had each other perform construction works with the said company’s trade name for six times in total, as shown in attached Table 1.

2) A constructor who has not placed a construction engineer shall employ at least one construction engineer at the construction site.

Nevertheless, on June 20, 2016, the Defendant reported the commencement of construction works as an on-site construction engineer as if K was an on-site construction engineer belonging to B (State) without placing K in fact at the construction site of J collective housing in Y-gu, Yandong-gu, Yandong-gu, the Gyeonggi-gu, which was contracted by the owner I on June 20, 2016, and did not assign construction engineers to each construction site over 52 times in total as shown in attached Table 2.

(b) No person who violates the national technical qualification law shall borrow a national technical qualification certificate from any third person;

On July 19, 2016, the Defendant paid L, in cash, three million won at the above-mentioned B (State Office) office, and borrowed a national technical qualification certificate (registration number M) as a construction engineer, and three times in total as shown in attached Table 3.