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(영문) 수원지방법원 평택지원 2019.03.14 2018고정430

건설산업기본법위반

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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who constructed a building (owner: a foundation C) on the site of Pyeongtaek-si B by requesting the construction of a religious facility (building).

No person shall receive a contract for or execute construction works by using the name or trade name of a constructor, or lend a construction business registration certificate or construction business registration pocketbook.

Nevertheless, around May 30, 2017, the Defendant paid 10 million won in cash to a person who cannot know the name mediating lending, such as the construction business registration certificate of a general constructor, in the course of constructing a building for the use of a religious facility on the above site, and submitted a commencement report to the Pyeongtaek-si Office by leasing the construction business registration certificate, etc. of the said company to a person who is unable to know the above name, and by leasing the construction business registration certificate, etc. of D, which is registered as E by the representative of the said constructor, necessary for reporting the commencement of construction and approval for use through a person who

In this respect, the Defendant leased (ju) D's construction business registration certificate, etc. and constructed one building for multi-family housing using the name of the construction company.

Summary of Evidence

1. Defendant's legal statement;

1. Each internal investigation report and investigation report (including attached documents);

1. Application of statutes, such as a commencement report completion certificate;

1. Article 96 Subparag. 3 and Article 21 of the former Framework Act on the Construction Industry (Amended by Act No. 14545, Jan. 17, 2017); the selection of fines for criminal facts

1. Articles 70 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;