beta
(영문) 수원지방법원 안산지원 2018.03.15 2017고정1179

건설산업기본법위반

Text

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

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

Reasons

Punishment of the crime

On March 19, 2014, the Defendant was sentenced to three months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Suwon Flag method Board, and the above judgment became final and conclusive on August 22, 2014.

1. Any residential building, the total floor area of which exceeds 661 square meters, or any residential building, the total floor area of which does not exceed 661 square meters, for which is an apartment building under the Building Act shall be built by the constructor;

On June 2013, the Defendant constructed a building whose main purpose is the size of the total floor area of 459.55 square meters located in Ansan-si, Ansan-si, Seoul-si, which is classified as multi-family housing even though it is not a constructor.

2. No person who lends a construction business registration certificate, etc. shall perform construction works by using his/her name or trade name or lend his/her construction business registration certificate or construction business registration pocket book;

Nevertheless, around June 2013, the Defendant received a construction business registration certificate from C and received a commencement report, and constructed the building mentioned in paragraph (1) by using C’s trade name.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report and attached building permit, report on commencement of construction, standard contract for private construction works, and copy of each judgment;

1. Previous convictions as indicated in the judgment: Inquiries about criminal history, application of Acts and subordinate statutes to inquire about criminal history, Suwon District Court 2013 order 5834, 2014 old 1727 and Supreme Court 2014Do7917;

1. Article 96 Subparag. 5 and Article 41 of the former Framework Act on the Construction Industry (amended by Act No. 12580, May 14, 2014; hereinafter the same shall apply), Article 96 Subparag. 3 and Article 21 of the former Framework Act on the Construction Industry (amended by Act No. 12580, May 14, 201; hereinafter the same shall apply), the selection of fines for criminal facts;

1. The latter part of Article 37 of the Criminal Code for the Handling of Concurrent Crimes provided that Article 39(1) of the Criminal Code (in regard to sentencing, in relation to the final and conclusive judgment and the latter part of Article 37 of the Criminal Code, the final and conclusive judgment is deemed to have been rendered simultaneously.