beta
(영문) 수원지방법원 안양지원 2015.04.09 2015고정107

건설산업기본법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Multi-family housing the total floor area of which does not exceed 661m2 of a construction contractor shall be limited by the constructor;

Nevertheless, even if the Defendant is not a constructor, the Defendant constructed a residential apartment house in Ansan-gu C from May 12, 2014 to September 2014.

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

Nevertheless, around May 9, 2014, the Defendant paid 2 million won to the person who was named in the name of the "Comprehensive Construction Co., Ltd.", which is a constructor, and constructed a building, such as the preceding paragraph, by lending the construction registration certificate of the Korea General Construction Co., Ltd.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (as to the scale of the building in question):

1. Application of Acts and subordinate statutes to a report on commencement, a standard contract for private construction works, a copy of a construction business registration certificate, or an order to suspend construction works;

1. Article 96 Subparag. 5 of the Act on the Construction Industry and Article 41(1)2 (a) of the Framework Act on the Construction Industry (the fact that a contractor violates the restriction on construction works and the selection of fines), Article 96 Subparag. 3 of the former Framework Act on the Construction Industry (amended by Act No. 12580, May 14, 2014) and Article 21(1) of the former Framework Act on the Construction Industry (amended by Act No. 12580, May 14

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;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;