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(영문) 서울서부지방법원 2019.02.13 2018고단4191

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

1. No constructor who lends his/her construction business registration certificate, etc. shall allow any third person to contract or perform construction works by using his/her name or trade name, nor lend his/her construction business registration certificate or construction business registration pocket book to any third person, and become the other

Nevertheless, around December 19, 2017, the Defendant constructed four multi-family housing units in Yongsan-gu B, Busan-gu, C, D, E, etc. in the Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do, and issued 10 million won and reported the commencement of the construction work on the above lot number by using a construction registration certificate, etc. of (ju)F, and directly performed the construction work by directly executing the said construction work.

2. A building for residence, the total floor area of which does not exceed 661m2 in violation of the restrictions imposed on a construction contractor, and which falls under multi-family housing under the Building Act, shall be constructed by the constructor;

Nevertheless, on December 2017, the Defendant constructed one multi-family housing with a total floor area of 458.16 square meters on the Dong, Dong, C, and G with a total floor area of 474.56 square meters on the part of Dong, Dong, Dong, Dong, Dong, and H, which are multi-family housing with a total floor area of 474.56 square meters and a total floor area of 474.56 square meters on the part of Dong, Dong, Dong, Dong, and K, respectively, even if the Defendant is not a constructor.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of L or M;

1. Application of a building permit, construction permit, and each building permit (O), report on commencement of each construction project, standard contract for each private construction project, each construction business registration certificate, and each construction business registration pocketbook;

1. Article 95-2 Subparag. 2, Article 21(2) of the Framework Act on the Construction Industry for criminal facts and Article 95-2, Article 21(2) of the same Act on the Construction Industry for the selection of punishment (a) and Article 96 Subparag. 5 of the Framework Act on the Construction Industry, and Article 41(1)2 Subparag. 2(a) of the former Framework Act on the Construction Industry (Amended by Act No. 15306, Dec. 26, 2017).