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(영문) 수원지방법원 성남지원 2016.12.15 2016고단3242

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

No person shall borrow a construction business registration certificate or construction business registration pocket book of another constructor, perform construction works by using his/her name or trade name, and any construction works for constructing residential collective housing of which the total floor area is not more than 661 square meters shall be conducted by the constructor.

Nevertheless, around November 2015, the Defendant borrowed relevant documents, such as a construction business registration certificate, etc. in the name of the Dispute Resolution Co., Ltd. which is necessary to report the commencement of construction, and filed a report on the commencement of construction in the name of the non-resident, even though it is not a constructor from Echeon-si B of Gyeonggi-do, Gyeonggi-do, and filed a construction report in the name of the Dispute Resolution Co., Ltd.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding D;

1. Investigation report (Submission of construction permission documents and report);

1. Handling and notification of an application for each building permit, and application of statutes on each commencement report;

1. Articles 96 subparagraph 3 and 21 (1) of the Framework Act on the Construction Industry (the occupation of borrowing a construction business registration certificate and a construction business registration pocket book), subparagraph 5 of Article 96 and Article 41 (1) of the Framework Act on the Construction Industry for criminal facts, and the selection of fines for each Article, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The same sentence as the order shall be determined in consideration of the name of construction business registration and frequency of its execution, criminal records of the accused, scale of construction, etc. for the sentencing reason under Article 334(1) of the Criminal Procedure Act;