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(영문) 수원지방법원 성남지원 2017.07.14 2017고단1205 (1)

건설산업기본법위반

Text

Defendant

E shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

"2017 Highest 1205"

1. Defendant E;

A. On December 2016, the Defendant violated the prohibition of lending a construction business registration certificate, etc., the Defendant leased a construction business registration certificate, etc. of G to the employees of G at the early container office of Gwangju City while giving KRW 9 million in cash in relation to the new construction of the N,O, and P collective housing at the early container office of Gwangju City.

(b) Construction works concerning the construction or substantial repair of a residential building, the residential area of which exceeds 61 square meters, and multi-family housing of which the total floor area is not more than 661 square meters, shall be performed by the constructor;

On December 2, 2016, even though the Defendant is not a policeman, the Defendant constructed and constructed multi-family housing with the total floor area of 668.07 square meters in Gwangju City, and the total floor area of 667.12 square meters in Gwangju City, respectively, by leasing a construction business registration certificate, as in paragraph 5(a).

"2017 Highest 1342"

2. No person shall perform 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;

On January 15, 2017, the Defendant paid 3 million won to employees in the name and influence of Q Co., Ltd in relation to the new construction of apartment houses at the site of Gwangju-si P in relation to the three new construction of apartment houses and leased Q Co., Ltd’s construction license.

Summary of Evidence

"2017 Highest 1205"

1. Defendants’ respective legal statements

1. Copy of a protocol concerning the examination of suspect with respect to L;

1. A copy of construction business registration certificate, a copy of construction business registration pocketbook, and a copy of business registration certificate;

1. A report on commencement (No. 15 times a month) 2017 high group 1342;

1. Defendant E’s legal statement

1. A copy of a protocol concerning the examination of suspect with respect to R (No. 7 times a net time);

1. Application of Acts and subordinate statutes to standard private construction contract contracts, construction business registration certificates, pocketbooks, and business registration certificates;

1. Article 96 subparagraph 3 of the Framework Act on the Construction Industry and Article 21 (1) of the same Act (a certificate of registration for a construction business and a construction business) to provide for criminal facts and for the selection of punishment;