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(영문) 청주지방법원 충주지원 2016.08.17 2016고정69

건설산업기본법위반

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. No constructor shall allow any third 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 any third person, and no one shall contract or perform construction works by using the name or trade name of another constructor or lend his/her construction business registration certificate, etc.;

On October 1, 2015, the Defendant borrowed the trade name of a construction business operator B and the construction business registration certificate, and reported the commencement of construction work to the voice group.

2. A constructor shall perform construction works for any building, other than residential buildings, the total floor area of which exceeds 495 square meters;

Despite the fact that the Defendant is not a constructor, the Defendant constructed D’s factory buildings on October 1, 2015 to December 2015, 2015, with a total floor area of 991.74 square meters on the land in the Chungcheong-gun Co., Ltd.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for cooperation in investigation;

1. Investigation report (to attach a duplicate of E additional entry, brobeer, a broker for lending a license);

1. Application of all Acts and subordinate statutes to the documents submitted for commencement report, such as the report on commencement and registration;

1. Relevant Article 96 (3), Article 21 (1) of the Framework Act on the Construction Industry (the occupation of using a certificate of registration under another person's name, the selection of fines) for criminal facts, and Articles 96 (5) and 41 (1) of the Framework Act on the Construction Industry (the selection of a fine for an unqualified construction project and a fine);

1. The aggravated punishment for concurrent crimes is provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes stipulated in a violation of the Framework Act on the Construction Industry by a more severe qualified construction work);

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.