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(영문) 수원지방법원 안양지원 2015.04.30 2015고정289

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. Multi-family housing the total floor area of which does not exceed 661m2 of a construction contractor shall be limited by the constructor;

Nevertheless, even if the Defendant is not a constructor, the same year from April 4, 2014.

9. Until December 23, 2000, a residential apartment building with a total floor area of 584 square meters in Sungsung City was built.

2. No person who lends a construction business registration certificate, etc. shall 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, around March 2014, the defendant paid 250,000 won to the parties to the Dispute Resolution Co., Ltd., a constructor, and constructed the building, such as the loan of the construction business registration certificate of the Dispute Resolution Co., Ltd.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the commencement of construction and construction-related documents;

1. Application of the Act and subordinate statutes to investigation report (the case sent by the representative director E and the protocol of interrogation of suspect - the protocol of interrogation of suspect)

1. Article 96 Subparag. 5 of the Act on the Construction Industry and Article 41(1)2 (a) of the Framework Act on the Construction Industry (the fact that a contractor violates the restriction on construction works and the selection of fines), Article 96 Subparag. 3 of the former Framework Act on the Construction Industry (amended by Act No. 12580, May 14, 2014) and Article 21(1) of the former Framework Act on the Construction Industry (amended by Act No. 12580, May 14

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