건설산업기본법위반
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is a multi-family housing constructor that was newly constructed in Ansan-si, Masan-si B.
1. No person who violates the prohibition against lending a construction business registration certificate, etc. 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;
Nevertheless, in June 2016, the Defendant paid KRW 2,500,000 to employees in non-existence of the name of C at the construction site in Ansan-si, Masan-si, Jungsan-si, and lent C the construction business registration certificate (registration number: D) to the Defendant.
2. Multi-family housing, which is a residential building with a total floor area of not more than 661m2, shall be built by a constructor for a violation of restrictions on construction works;
Nevertheless, the Defendant leased a construction business registration certificate as described in paragraph (1) without being registered as a constructor, and constructed a multi-family housing with the total floor area of 451.31m2 in Ansan-si, the 2016 Police Officer from Jun. 2, 2016 to Dec. 2, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Contract documents, reports on commencement, and summary of response to traffic of the national land;
1. The criminal place and the written transfer of the case (E);
1. Application of Acts and subordinate statutes to investigation reports (a copy of a certificate of registration of construction business);
1. Article 96 of the relevant Act on criminal facts, subparagraph 3 of Article 96 of the Framework Act on the Construction Industry Selection (a point of borrowing a certificate of construction business), Article 21 of the Framework Act on the Construction Industry, Article 96 subparagraph 5 and Article 41 of the Framework Act on the Construction Industry, and the selection of fines for each crime;
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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;