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(영문) 수원지방법원 2018.01.25 2017고단6926

건설산업기본법위반

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who has built a new house in Yeongdeungpo-gu Seoul Metropolitan Government and 2 lots.

No person shall receive a contract for or execute construction works by lending his/her name or trade name from a construction business operator or lend his/her construction business registration certificate or construction business registration pocket book.

Nevertheless, on March 20, 2017, the Defendant paid 200,000,000 won to the name in the name in the form of a new construction site located in Yeongdeungpo-gu Seoul Metropolitan Government, and borrowed a construction business registration certificate of D Co., Ltd and a construction business registration pocket book, and received a contract for or executed the construction of the said house.

Summary of Evidence

1. Reports on internal investigation by the defendant's legal statement (in relation to the response to data on national land traffic and transfer of DNA representative cases, a copy of the report shall be attached);

1. A report for counter-investigation;

1. Application of the provisions of Acts and subordinate statutes to the requested data reply (current status of report on commencement), certified copy of the register, certificate of completion of the commencement report, report on the commencement of construction, report on the change of construction participants, standard contract contract for private construction works, business registration certificate, construction business registration certificate

1. Relevant Article of the Act and Article 96 Subparag. 3 and Article 21(1) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017); the choice of punishment for a crime; and the choice of imprisonment;

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

1. The act of lending construction work under the name of the construction business for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is a serious criminal act that may cause severe social prejudice due to defective construction works, etc.

Although the Defendant committed the same kind of crime on December 30, 2016 (the Defendant was issued a summary order of KRW 7 million on June 28, 2017).

However, it is difficult to find out a specialized construction business entity in charge of the construction work after the construction work was interrupted due to the crime committed on December 30, 2016 and the progress rate remains even after the construction work was interrupted, and it was caused to the crime due to the lack of the construction site as it was.