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(영문) 서울중앙지방법원 2013.11.06 2013고정4761

건설산업기본법위반

Text

Defendants shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

No person shall receive a contract for or execute construction works by using the name or trade name of a constructor, or lend a construction business registration certificate or construction business registration pocketbook.

1. On October 201, Defendant A paid KRW 4 million to the non-employee of E corporation at the Defendant’s house located in Suwon-si, Suwon-si, Suwon-si, and borrowed all documents, such as a construction business registration certificate, etc. necessary for reporting the commencement of construction of multi-household housing in Suwon-si, Suwon-si.

2. On November 201, 201, Defendant B paid KRW 3 million to employees of E in the construction site of an urban residential house located in Ansan-si G in Ansan-si, Ansan-si, Ansan-si, and borrowed all documents, such as a construction business registration certificate, necessary for the report on the commencement of the construction project, from E.

3. On October 201, Defendant C paid KRW 3 million to employees of E Company at the construction site of multi-household housing located in Y in Ansan-si, Ansan-si, Ansan-si, and borrowed all documents, such as construction business registration certificate, necessary for reporting the commencement of the construction project, from E Company.

Summary of Evidence

1. Defendants’ respective legal statements

1. Second protocol of suspect examination of I by a public prosecutor;

1. Application of Acts and subordinate statutes to the investigation report (the list of crimes committed during the period of license lending);

1. The Defendants: Article 96 Subparag. 3 and Article 21(1) of the Framework Act on the Construction Industry; the Defendants’ selection of punishment and applicable provision on criminal facts;

1. Defendants to be detained in a workhouse: It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more.