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(영문) 인천지방법원 부천지원 2016.11.25 2016고정1279

건설산업기본법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is the actual contractor of “multi-family housing” constructed in the member-gu B (C) in Ansan-si.

1. No person who lends a construction business registration certificate, etc. or prohibits brokerage shall execute construction works by using the name or trade name of another constructor or lend a construction business registration certificate or construction business registration pocket book of another constructor and become the other party;

Nevertheless, around February 2016, the Defendant borrowed related documents, such as construction business registration certificate, etc. of the Dispute Resolution Co., Ltd., which is necessary for reporting the commencement of construction, to the Buddhist male in the construction site and reported the commencement of construction work to the Ansan-gu Office on February 15, 2016. Since then, the Defendant performed construction work of the said "multi-family housing" with D trade name.

2. Of residential buildings the total floor area of which is 661m2 or less of a constructor, multi-family housing shall be constructed by a registered constructor;

Even if the Defendant is not a registered constructor, on February 15, 2016, the Defendant constructed multi-family housing (total floor area 449.18m2) under the above 1.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Police suspect interrogation protocol regarding E;

1. Reports on internal investigation (data on response to the national land, the commencement of which has been reported under D);

1. Construction industry registration certificate, construction industry registration pocketbook, details of commencement report, and construction permission certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 96 subparagraph 3 and 21 (1) of the Framework Act on the Construction Industry for the Selection of Punishment (the occupation of a construction business registration certificate and a construction business registration pocketbook), Article 96 subparagraph 5 of the Framework Act on the Construction Industry, Articles 96 and 41 (1) of the same Act, and the selection of fines;

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;