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(영문) 서울남부지방법원 2017.07.20 2017고정1018

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

1. No constructor shall allow another person to perform construction works by using his/her name or trade name or lend his/her construction business registration certificate to another person, and no one shall become the other party;

On November 1, 2015, the Defendant paid 3.5 million won to the persons related to (States) C in the Dong-gu, Seosan-si, Gyeonggi-si, and leased (States) C a construction business registration certificate.

2. A constructor shall construct collective housing with a total floor area of not more than 661 square meters;

Even if the Defendant is not a constructor, from November 2015 to April 2016, the Defendant constructed one multi-family housing unit with a total floor area of 611.1 square meters in Ansan-si, Ansan-si, Gyeonggi-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of D; and

1. Application for permission to change the purpose of substantial repair of a building, report on commencement, standard contract for private construction works, and application of statutes governing construction administration electronic data;

1. Selection of a fine for a crime, Article 96 subparagraph 3 of the relevant Act, Article 21 (1) of the Framework Act on the Construction Industry, Article 96 subparagraph 5 of the Framework Act on the Construction Industry, and Article 41 (1) 2 (a) of the same Act, and each provision of a fine for negligence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;