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(영문) 수원지방법원 성남지원 2016.12.08 2016고단3386

건설산업기본법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

No person shall borrow a construction business registration certificate or construction business registration pocket book of another constructor, perform construction works by using his/her name or trade name, and any construction works for constructing residential collective housing of which the total floor area is not more than 661 square meters shall be conducted by the constructor.

Nevertheless, around December 2015, the Defendant: (a) lent the relevant documents, such as a construction business registration certificate, etc. in the name of the Dispute Settlement Bank Co., Ltd., which is necessary to report the commencement of construction, to a person with poor names, and filed a report on the commencement of construction in the name of the Dispute Settlement Bank Co., Ltd. on December 23, 2015; and (b) constructed multi-family housing with a total floor area of 659.96 square meters in size in the same place; (c) multi-family housing with a total floor area of 572.32 square meters in size in E; and (d) multi-family housing with a total floor area of 572.32 square meters in G in total floor area (F).

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of suspect examination of the police as to I;

1. Application of each report on commencement of construction, each building permit notification statute;

1. Article 96 subparagraph 3 of the Framework Act on the Construction Industry and Article 21 (1) of the same Act concerning facts constituting an offense, and Article 96 subparagraph 5 of the same Act and Article 41 (1) 1 and 2 (a) of each Framework Act on the Construction Industry;

1. Selection of an alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The same type of punishment as the order shall be determined in consideration of the name of construction business registered and the frequency of lending and executing construction works for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, criminal records of the defendant, sentencing balance with cases of the same kind of crime, this court’s order No. 2016 senior group 2409, 206 senior group 2607, 2016 senior group 2738, 2016 senior group 2738, 2016 senior group 2856