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(영문) 서울중앙지방법원 2016.05.31 2016고정677

건설산업기본법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall perform 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.

Nevertheless, on May 26, 2014, the Defendant paid KRW 2 million to D’s representative, a constructor, and borrowed a construction business registration certificate and reported the commencement of construction of the instant building using the said trade name in order to build the instant building (multi-unit housing) with the total floor area of KRW 1,889.28 square meters in size to B and one parcel outside of the Gyeonggi-do Government-si, Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Response to matters of cooperation given to notification to a contractor who violates the Framework Act on the Construction Industry;

1. Contract for construction works and report on the commencement thereof;

1. Application of Acts and subordinate statutes to the investigation report (C);

1. Relevant Article of a crime and subparagraph 3 of Article 96 of the Framework Act on the Construction Industry Selection of Punishment. Article 21 (Selection of Punishment)

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;