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(영문) 수원지방법원 성남지원 2017.06.14 2017고단1247

건설산업기본법위반

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a contractor of a building-related facility construction work with a total floor area of 1,559.43 square meters located in Asan-si and one parcel outside of Asan-si.

1. A person prohibited from lending, such as a construction business registration certificate, etc., executes construction works by lending his/her name or trade name from another construction business operator, or lending his/her construction business registration certificate or construction business registration pocket book to another construction business operator. On October 2015, the Defendant was granted a license fee of KRW 4,500,000 from the Defendant, at a construction site located in Gangseo-gu Seoul, Gangnam-gu, Seoul, at a construction site located in Suwon-gu, and the Defendant was granted a license fee of KRW 4,50,000,000 to a

2. Construction works on construction and substantial repair of a building, other than residential buildings, the total floor area of which exceeds 495 square meters in violation of the construction contractor’s restriction, shall be performed by the constructor. The Defendant, even if not the constructor, performed construction works on the building related to the said motor vehicle from October 16, 2015 to February 1, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made D in relation to the suspect interrogation protocol of the police against the defendant (second time, second time, and second time);

1. A protocol of suspect interrogation of E (including attached materials);

1. Investigation report (as to whether a suspect A construction business license exists)

1. Application of Acts and subordinate statutes to the building ledger (F of Chungcheongnam-si, Chungcheongnam-si);

1. Article 96 subparagraph 3 of the relevant Act, Article 21 (1) of the Framework Act on the Construction Industry for criminal facts, the selection of a punishment, and Article 41 (1) of the same Act, and Article 96 subparagraph 5 of the Framework Act on the Construction Industry, and Article 41 (1) 3 of the Framework Act on the Construction Industry amended on February 3, 2016, excludes the provision on the restriction of a contractor, in cases of minor construction works under the proviso to Article 9 (1) of the same Act, and Article 96 subparagraph 3 of the same Act, Article 21 (1) of the Framework Act on the Construction Industry, which excludes the restriction of a

(Violation of Restriction on Construction Contractor), Selection of each fine

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

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.