건설산업기본법위반
Defendant shall be punished by a fine of KRW 8,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
No person shall borrow a construction business registration certificate or construction business registration pocket book of another constructor, perform construction works by using his/her name or trade name, and any construction works for constructing residential collective housing of which the total floor area is not more than 661 square meters shall be conducted by the constructor.
Nevertheless, on December 1, 2015, the Defendant: (a) lent the construction business registration certificate, etc. in the name of the Dispute Resolution Co., Ltd., which is necessary to report the commencement of construction to the name-free person; and (b) reported the commencement of construction in the name of the Dispute Resolution Co., Ltd. on December 11, 2015; and (c) constructed multi-family housing of the total floor area of 566.96 square meters in the same place; (b) multi-family housing of the total floor area of 579.68 square meters in E; (c) multi-family housing of the total floor area of 626.6 square meters in F; and (d) multi-family housing of the total floor area of 55.68 square meters in H, respectively.
Summary of Evidence
1. Defendant's legal statement;
1. A copy of each protocol of examination of the police against J;
1. Application of Acts and subordinate statutes on reports on commencement;
1. Article 96 subparagraph 3 of the Framework Act on the Construction Industry and Article 21 (1) of the same Act concerning facts constituting an offense, and Article 96 subparagraph 5 of the same Act and Article 41 (1) 1 and 2 (a) of each Framework Act on the Construction Industry;
1. Selection of an alternative fine for punishment;
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. The same type of punishment as the order shall be determined in consideration of the name of construction business registered and the frequency of lending and executing construction works for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, criminal records of the defendant, sentencing balance with cases of the same kind of crime, this court’s order No. 2016 senior group 2409, 206 senior group 2607, 2016 senior group 2738, 2016 senior group 2738, 2016 senior group 2856