건설산업기본법위반등
The judgment below
Of the defendants, the part of the defendant is reversed.
A defendant shall be punished by imprisonment for two years.
except that this judgment.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of imprisonment) is too unreasonable.
2. The lending of a national technical qualification certificate or a construction business license is abused as a means of avoiding various tax evasion or entering into four major insurance policies, and the defective construction by a non-licensed constructor brings about a major risk to the lives and property of the people, and the existence of small and medium-sized construction enterprises, which are bound to be pushed down in price competitiveness compared to a non-licensed constructor, is likely to threaten the existence of small and medium-sized construction enterprises.
In addition, the activities of professional hybrids arranging the lending of one construction-related national technical qualification certificate or construction-related license are promoting a rumor that makes the qualification certificate or license lending reasonable, and these problems are further deepened.
In order to prevent these harm, it is necessary to strictly punish the act of lending or borrowing the national technical qualification certificate and construction business license related to construction.
In light of the fact that the Defendant acquired a stock company B and lent a construction business license to a non-licensed construction company over 317 times via the above company, that the Defendant leased seven national technical qualification certificates related to construction to make the stock company B as a construction business registration corporation, repeated crimes within a short period, and the Defendant’s profits derived from the instant crime are not written, the Defendant’s criminal liability cannot be deemed to be negligible.
However, the defendant recognized the crime of this case, there is no record of punishment for the same crime before this case, and there is no record of punishment exceeding fine, this case's involvement by the professional slaber for granting a construction business license, and some of the whole crimes do not appear to have led by the defendant, the defendant has a family member who shall support by reporting marriage with the wife immediately after detention, and the case of the same and similar kind of cases.