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(영문) 수원지방법원 안양지원 2015.05.29 2015고정249

건설산업기본법위반

Text

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

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

Reasons

Punishment of the crime

To the extent that it does not substantially disadvantage the defendant's exercise of his/her right to defense, the following facts charged are organized and recognized as follows:

The defendant is the representative director of the Bank B.

1. Notwithstanding that the Defendant is not a constructor, the Defendant extended a factory building of the total floor area of 710.24 square meters in Pyeongtaek-si from May 2013 to July of the same year.

2. The Defendant: (a) around May 2013, around the construction site in paragraph (1) in the vicinity of paragraph (1); (b) borrowed a construction business registration certificate of D, which is a constructor, and became the other party to the construction business registration loan of D, using its trade name.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for cooperation in investigation;

1. Application of one copy of Acts and subordinate statutes, such as a report on commencement;

1. Article 96 Subparag. 5 and Article 41(1)3 of the Framework Act on the Construction Industry (the fact of a violation of the restriction on a construction work executor), Article 98(2), Article 96 Subparag. 3, and Article 21 of the former Framework Act on the Construction Industry (amended by Act No. 12580, May 14, 2014); the selection of fines for each crime

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

1. Articles 70 (1) 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;