beta
(영문) 인천지방법원 2016.11.10 2016고단6517

건설산업기본법위반등

Text

Defendant

A Imprisonment with prison labor for one year, for eight months, and for six million won, for each of the defendants C.

Defendant

C.

Reasons

Punishment of the crime

Defendant

A On August 12, 2016, the Incheon District Court was sentenced to two years of suspension of execution in October for a violation of the Framework Act on the Construction Industry at the Incheon District Court, and the judgment became final and conclusive on August 20, 2016.

1. Defendant A and Defendant B

(a) No constructor who violates the Framework Act on the Construction Industry shall allow another person to contract or perform construction works by using his/her name or trade name, or lend his/her construction business registration certificate or construction business registration pocket book to another person;

On July 2015, the Defendants acquired a construction company with a comprehensive construction business license, and conspired to lend documents necessary for reporting the commencement of construction business, such as a construction business registration certificate, in return for payment from an unqualified building owner, and Defendant A shared the overall operation of the business of lending the license, including the financing of funds, and Defendant B shared the role of the working-level staff to educate the employees of the law of preparing documents necessary for reporting the commencement of construction business after taking over the procedures necessary for acquiring the company.

According to the above public offering, the Defendants: (a) around July 2015; (b) around August 2015; (c) around November 2015; (d) the K and the K and the K and the K and the K and the K and the K and the K and L in the K and L in the K and L in the K and L in the amount of KRW 160 million each; (c) around July 10, 2015, the Defendants leased the I and the K and the K and L in the K and L in the K and L in the K and L in the building construction site in Seodaemun-gu Seoul Special Metropolitan City (construction cost of KRW 80 million) to the owner of the construction report on the commencement of the construction; and (d) up to May 28, 2016, leased the construction project owner the construction registration certificate, etc. of the said 4 construction company by giving and receiving approximately KRW 500,000 per case from the owner of the building in the total of KRW 798.

(b) No person who violates the Construction Technology Promotion Act or the National Technical Qualifications Act shall perform construction works or construction technology service in another person's name, or lend another person's certificate of construction technology or lend another person's national technical qualification;

Nevertheless, the defendants shall register the construction business of the above IAB, JAB, K, and L.