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(영문) 서울북부지방법원 2017.07.14 2017고단1890

건설산업기본법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall borrow a construction business registration certificate or construction business registration pocket book of another constructor, perform construction works by using his/her name or trade name, and construction works for constructing multi-family housing and buildings other than residential buildings with a total floor area exceeding 495 square meters shall be conducted by the constructor.

Nevertheless, on August 9, 2016, the Defendant borrowed relevant documents, such as a construction business registration certificate in the name of C, which is necessary for reporting the commencement of construction, from Seongbuk-gu Seoul Special Metropolitan City, and even if it is not a constructor, he/she borrowed 2 million won from his/her name to his/her name, and reported the commencement of construction on September 9, 2016, and constructed multi-family housing with the total floor area of 659.8 square meters at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (attached documents, etc. of building permission);

1. Application of the Acts and subordinate statutes to investigation report (a copy of the letter attached to C representative director D of a stock company);

1. Relevant Article 96 subparagraph 3 of the Act on the Construction Industry, Article 96 subparagraph 1 of the Framework Act on the Selection of Punishment, Article 21 (1) (Occupancys in a construction business registration certificate and a construction business registration pocketbook), Article 96 subparagraph 5 of the Framework Act on the Construction Industry, and Article 41 (1) 1 of the Framework Act on the Construction Industry, and selection of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, each of the crimes of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution may cause harm to the society due to defective execution, and the nature of the crime is not mitigated, such as not much the area of the house constructed by the defendant, and the defendant committed the crime of this case at another time immediately after he was investigated twice as to the crime of the same kind of crime in this case, and the defendant committed the crime of this case, on the other hand, the confession and reflect of each of the crimes in this case, and the fact that the defendant has no record of committing the crime exceeding the fine, and other circumstances revealed in the records