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(영문) 서울남부지방법원 2016.07.14 2016고정588

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

No constructor shall allow another 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 to another person, and no person shall become the other party thereto.

The defendant is not a constructor who has registered, etc. under the Framework Act on the Construction Industry or other Acts.

Nevertheless, on April 29, 2015, the Defendant paid KRW 2,000,00 to the sub-licenseer for non-licenseing loan services to build one unit of neighborhood living facilities on the land outside Dongjak-gu Seoul Metropolitan Government and one parcel of land, and filed a commencement report after receiving all documents necessary for the commencement report, such as the construction business registration certificate of the Co., Ltd., and directly constructed the above neighborhood living facilities using the trade name of Co., Ltd.

Accordingly, the defendant executed construction works using the trade name of the constructor.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Copy of the police statement made to E;

1. Current status of reporting on commencement of construction in C 2015;

1. Application of Acts and subordinate statutes to a standard contract for construction reports and private construction works (Seoul Dongjak-gu, and lot 1);

1. Relevant Article of a crime and subparagraph 3 of Article 96 of the Framework Act on the Construction Industry Selection of Punishment. Article 21 (Selection of Punishment)

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;