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(영문) 서울동부지방법원 2013.06.25 2013고정1007

건설산업기본법위반

Text

The sentence against the accused shall be 5,000,000 won.

When the defendant does not pay the above fine.

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, and shall become the other party thereto.

Nevertheless, on February 14, 201, the Defendant, the real representative of B, received construction cost of KRW 2 billion from C in total, and subsequently reported the construction contractor to E (the representative F) upon reporting the construction cost change to the above construction project at the time of harmony on March 9, 2011, and submitted a copy of the construction registration certificate of E (the construction registration certificate of E) and received the construction report, and thereafter constructed with E’s trade name.

Accordingly, the Defendant became the other party to the act of having E, a stock company, perform construction works using its trade name.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol on the statement of the police concerning G, and protocol on the examination of the police concerning C;

1. Application of Acts and subordinate statutes on construction contract;

1. Article 96 subparagraph 3 of the Framework Act on the Construction Industry for the relevant criminal facts and Article 21 (1) of the same 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;