beta
(영문) 의정부지방법원 고양지원 2017.07.14 2017고단1581

건설산업기본법위반

Text

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

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

Reasons

Punishment of the crime

Defendant

A is a project owner and contractor who constructed a 4-story multi-family housing (multi-household housing) on the total floor area (1,738.956 square meters) of the Dong-gu, Busan Metropolitan City and two parcels (1,606.8 square meters in total floor area) and one parcel (1,738.956 square meters in total area).

1. Construction works concerning the construction or substantial repair of residential buildings, the total floor area of which exceeds 661 square meters, among multi-family housing under the Building Act subject to the restriction on a construction contractor, shall be performed by the constructor;

Nevertheless, even though Defendant A did not have registered with the Minister of Construction and Transportation as a constructor, Defendant A directly constructed construction works on the 4-story multi-household housing (multi-household housing) with the size of 6 units on the ground (multi-household housing with the total floor area of 1,738.956 square meters) from December 1, 2016 to March 24, 2017.

2. No person who lends a construction business registration certificate, etc. shall 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;

Nevertheless, Defendant A, while carrying out the construction of a new building in the same manner as the preceding paragraph, was constructed a building by lending a construction registration certificate of “E Co., Ltd. (E Co., Ltd. on December 1, 2016)” and a construction registration pocket book for construction business in order to file two reports on the commencement of the construction of multi-household housing due to the arrangement of a license lease broker at the site of the above Goyang-si, Seoyang-si, Busan Metropolitan City and one lot of new construction project, in November 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect with respect to F; and

1. Documents for reporting the commencement of construction (including the E Rental Registration Certificate) (C) and documents for reporting the commencement of construction (D).

1. Relevant Article of a crime, subparagraph 5 of Article 96, Article 41 (1) 1 (a) of the Framework Act on the Construction Industry (a point of construction work without registration), Article 96 subparagraph 3, and Article 21 of the Framework Act on the Construction Industry, and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.