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(영문) 인천지방법원 부천지원 2019.06.13 2019고단484

건설산업기본법위반

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Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the actual owner who constructed a building for multi-household housing (multi-household housing) on two parcels outside the Danam-si, Sungnam-si.

No person shall receive a contract for or execute construction works by using the name or trade name of a constructor, or lend a construction business registration certificate or construction business registration pocketbook.

Nevertheless, on April 1, 2018, the Defendant paid 300,000 won in cash to a person who is unable to know the title of lending, such as a comprehensive constructor's registration certificate, etc. in the process of executing one building building for multi-household housing (multi-household housing) on the said site, and submitted a report on change of relevant persons in the name of the said construction company to the Sung-nam-gu Office on April 13, 2018, after obtaining a lease of construction registration certificate, etc. of the construction business registration certificate, etc. of the said company, which is a constructor necessary for reporting approval for use through a person whose name is not known.

Accordingly, the defendant obtained a lease of construction business registration certificate, etc. of the LAC and constructed one building for multi-household housing (multi-household housing) in the name of the construction company.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D or E;

1. A copy of the report on internal investigation (Attachment of response materials requested for investigation cooperation by the branch office of the party branch office) and the response materials for investigation cooperation, investigation reports (Attachment of copies of evidential materials related to license lending) and accompanying materials, report on internal investigation (Attachment of the report on commencement of the project by a stock company) and the report on commencement of the project by the Ministry

1. Application of Acts and subordinate statutes on family relation certificate;

1. Article 95-2 of the Framework Act on the Construction Industry and Articles 95-2 and 21 (2) of the same Act concerning criminal facts and the selection of fines;

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

1. Taking into account the fact that the defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order has recognized and reflected the error, but has been punished several times for the same crime.