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(영문) 수원지방법원 성남지원 2017.08.18 2017고정707

건설산업기본법위반

Text

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

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

1. No person who intends to borrow a construction business registration certificate or construction business registration pocket book of another constructor, or perform any construction works using his/her name or trade name, and any construction works for constructing residential buildings the total floor area of which exceeds 661 square meters shall be performed by a constructor;

Nevertheless, on July 2016, the Defendant borrowed relevant documents, such as construction business registration certificate in the name of the Dispute Settlement Bank D, which is necessary to report the commencement of construction in the name of the company in the name of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in the company in charge of the company in charge of the company in charge of the company in charge

2. No person shall borrow a construction business registration certificate or construction business registration pocket book of another constructor, execute construction works by using his/her name or trade name, and any construction works for constructing residential buildings the total floor area of which exceeds 661 square meters shall be performed by the constructor;

Nevertheless, on July 1, 2016, the Defendant borrowed relevant documents, such as a construction business registration certificate in the name of the Dispute Settlement Bank D, which is necessary to report the commencement of construction from the Gyeonggi-si, Gwangju-si, and even though not the constructor, on August 1, 2016, the Defendant reported the commencement of construction in the name of the Dispute Settlement Bank D, and constructed multi-family housing (project owner G) with a total floor area of 792.93 square meters in the same place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copy of each protocol concerning the examination of suspect of H with respect to H;

1. Application of Acts and subordinate statutes to copies of each commencement report;

1. Article 96 subparagraph 3 of the relevant Act, Article 21 (1) of the Framework Act on the Construction Industry (a lease, such as a registration certificate, etc. of construction business), Article 95 subparagraph 5 of the Framework Act on the Construction Industry, and Article 41 (1) 1 of the Framework Act on the Construction Industry concerning facts constituting a crime, the selection of fines for each type of crime, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Articles 70(1) and 69(2) of the Criminal Act, each of which is to attract a workhouse;