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(영문) 춘천지방법원 영월지원 2013.06.14 2013고정133

건설산업기본법위반

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No constructor shall allow another person to contract or 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 to another person.

Nevertheless, on May 1, 2012, the Defendant received a supply of KRW 250,00,000 from C to perform the construction of the multi-family house D in Taecheon-si, Taecheon-si, and used the trade name of E operated by the Defendant, and thereafter, B commenced the construction on May 10, 2012.

In addition, until May 29, 2012, the Defendant had B receive or perform construction works by using the trade name of E and F Co., Ltd. in the same way five times, as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of suspect B by the prosecution (including the part concerning the statement of the accused);

1. Each police statement concerning C and G;

1. A copy of the details of passbook transactions (E and suspect's account) and the standard contract for private construction works;

1. Application of the Act and subordinate statutes to each investigation report (the attachment of the “Agreement on Contract for Construction Work” and the attachment of the E copy of the register, etc., written in relation to the installment savings project

1. Article 96 Subparag. 4 and Article 21 of the former Framework Act on the Construction Industry (Amended by Act No. 10719, May 24, 201); Articles 96 Subparag. 3 and 21 of the Framework Act on the Construction Industry; Articles 96 Subparag. 3 and 21 of the Framework Act on the Construction Industry; and the selection of each fine

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;