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(영문) 서울동부지방법원 2017.01.24 2016고정1843

건설산업기본법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the actual contractor who has built the elevator in medical facilities built by Songpa-gu Seoul Metropolitan Government C.

1. No person who lends a construction business registration certificate, etc. or prohibits brokerage shall execute construction works by using the name or trade name of another constructor or lend a construction business registration certificate or construction business registration pocket book of another constructor, and shall become the other party;

On December 16, 2015, the Defendant leased relevant documents, such as a construction registration certificate, etc. of YS General Construction Co., Ltd., which is necessary to report the commencement of construction with cash KRW 2 million to the Buddhist male, from the construction site and around December 2015, and reported the commencement of construction to the Songpa-gu Seoul Metropolitan Government Office around December 16, 2015. From around that time, the Defendant installed the elevator in the above medical facility with the trade name of YS General Construction Co.

2. A building, other than a residential building, the total floor area of which exceeds 495 square meters for a constructor of construction works, shall be constructed by a registered constructor;

Even if the Defendant is not a registered constructor, from December 16, 2015, the Defendant installed an elevator within the medical facility under paragraph (1) (total floor area of 2082.53 square meters) from around December 16, 2015.

Summary of Evidence

1. A protocol concerning the examination of the suspect of each police officer against the defendant or D;

1. Business registration certificate, construction business registration certificate, registration pocket book, internal investigation report (in the name of comprehensive construction with a national land reply material reported on the commencement under the name of comprehensive construction with a national land response material), permission for construction, large-scale repair, change of use, and the application of Acts

1. Article 96 of the relevant Act on criminal facts, subparagraph 3 of Article 96 of the Framework Act on the Construction Industry Selection (a point where a certificate of registration for construction business has been leased, choice of fines) and Articles 96 subparagraph 5 and 41 (1) 3 of the Framework Act on the Construction Industry (a point where a contractor has violated the restriction, and choice of fines);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;