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(영문) 인천지방법원 2016.11.24 2016고단6658

건설산업기본법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, with the trade name of Co., Ltd., made an unincorporated company, registered a comprehensive construction business, and sold it.

1. No person who violates the Framework Act on the Construction Industry, the Construction Technology Promotion Act, or the National Technical Qualifications Act shall register a construction business by improper means or lend a certificate of construction technology or a national technical qualification certificate from

Nevertheless, from May 2015 to June 2015, the Defendant borrowed D’s career certificate and national technical qualification certificate, and E’s national technical qualification certificate, and falsely prepared documents concerning construction engineers owned by the above C. The Defendant submitted them to the Incheon Viewing Department and received a construction business registration certificate from Incheon si around June 22, 2015.

Accordingly, the Defendant registered the construction business by borrowing another career certificate of construction technology or national technical qualification certificate from another person and by unlawful means.

2. The Defendant violated the Commercial Act: (a) the sum of KRW 350 million borrowed from F and KRW 150 million owned by the Defendant deposited KRW 50 million with the stock price in the corporate passbook; and (b) following the completion of the registration of incorporation of C at the North Incheon Bupyeong-gu Office on April 30, 2015, the Defendant transferred KRW 1317 million out of the said KRW 500 million to the Construction Mutual Aid Association; and (c) the said KRW 36829 million out of the said KRW 500 million to the construction Mutual Aid Association; and (d) pretended the payment of the stock price to F. < Amended by Act No. 13682, Apr. 30, 2015>

3. The Defendant: (a) on April 30, 2015, filed for registration of incorporation on April 30, 2015, entered false facts in the commercial register, which is a public electronic record, and exercised it by allowing the Defendant to keep the same on keeping the same around that time, even though he/she was aware of the share capital, as if he/she had been able to do so.

4. On June 22, 2015, the Defendant’s unlawful uttering of private documents is a certificate of fact in order to pretend that he/she actually works in the Incheon Viewing Department located in the Nam-gu Incheon Metropolitan City, Dong-gu, Incheon, to be the same as that of the above D and E actually worked in C.