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(영문) 서울동부지방법원 2018.07.26 2018고단1849

건설산업기본법위반

Text

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

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

Reasons

Punishment of the crime

No person shall have another constructor contract or execute construction works by using the name or trade name of another constructor, or receive a lease of a construction business registration certificate or construction business registration pocket book.

Nevertheless, in order to report the commencement of construction works of multi-family housing in Gangdong-gu Seoul Metropolitan Government on June 14, 2017, the Defendant paid 1,50,000 won in cash to the person in unsound name and borrowed a construction business registration certificate, etc. in the name of "D Co., Ltd." in the facts charged

However, according to evidence, it is recognized that the construction business registration certificate, etc. in the name of C is lent, and this is not a disadvantage to the defendant's right of defense, and it is corrected ex officio without going through the amendment procedure.

A person was lent a registration certificate, etc. of construction business in the name.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of construction permission, completion of report on the commencement of construction, contract and report on the commencement of construction, business registration certificate, construction business registration certificate, and pocket book;

1. Relevant Article of the Act and Articles 96 subparagraph 3 and 21 (2) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017) on criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: Lending a construction business registration certificate may disturb the order of a construction business entity by making the provisions governing the restriction of a construction work executor, disturb the order of a construction business entity, or cause problems such as defective construction or accident, etc.; as the actual contractor and the nominal owner are different, there is a need for strict punishment in that there is a possibility of causing various legal disputes and the social expenses arising therefrom are also enormous; circumstances favorable to the fact that there has been favorable records of punishment for the same kind of crime: The defendant's age, sexual conduct, motive for the crime;