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(영문) 대구지방법원 서부지원 2020.05.12 2019고정426

건설산업기본법위반

Text

1. The defendant shall be punished by a fine of four million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

No person shall contract or perform construction works by lending his/her name or trade name from a constructor or arrange to lend his/her construction business registration certificate or construction business registration pocket book.

Nevertheless, the defendant received a request from B to introduce a person who lends a construction business registration certificate or construction business registration pocket book, etc. from B on October 2018, and sent it to B after being issued a registration certificate, construction business registration pocket book, etc. in the name of C from a person who is not related to the name.

Accordingly, the defendant assisted the lending of a construction business registration certificate or construction business registration pocket book.

Summary of Evidence

1. Defendant's legal statement;

2. The suspect interrogation protocol of the police as to B;

3. Application of statutes on construction business registration certificates and construction business registration pocket books;

1. Relevant provisions of the Framework Act on the Construction Industry and Articles 95-2 subparagraph 3 and 21 (3) of the same Act concerning criminal facts and the selection of punishment;

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

3. Article 334 (1) of the Criminal Procedure Act.