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(영문) 수원지방법원 성남지원 2017.07.14 2017고단1189

건설산업기본법위반

Text

Defendant

A and B shall be punished by a fine of KRW 3 million, Defendant C shall be punished by a fine of KRW 10 million, and Defendant D shall be punished by a fine of KRW 6 million.

Reasons

Punishment of the crime

On October 28, 2015, Defendant C was issued a summary order of KRW 3 million as a crime of violation of the Framework Act on Construction Industry in the assistance to the development of Suwon Friwon method.

Criminal facts

1. Defendant A is a multi-family housing constructor with the total floor area of 659.91 square meters in G and H in Gwangju-si.

(a) No person who violates the prohibition against lending a construction business registration certificate, etc. shall perform construction works by using the name or trade name of a constructor or lend a construction business registration certificate or construction business registration pocket book;

Nevertheless, around March 10, 2016, the Defendant paid KRW 3 million to an employee in non-existence of the name of the person I who belongs to the company at the site of the foregoing new construction of multi-family housing, G and H in relation to the new construction of multi-family housing, and lent the construction business registration certificate of the company I.

(b) Construction works related to the construction or substantial repair of a building corresponding to multi-family housing which is a residential building with the total floor area of not more than 661 square meters, for a constructor's violation of restrictions, shall be performed by the constructor;

Notwithstanding the fact that the Defendant is not a constructor from March 2016 to September 2016, the Defendant constructed and constructed multi-unit houses with a total floor area of 659.91 square meters in Gwangju City and H, with a construction business registration certificate leased as referred to in subparagraph 1(a).

2. Defendant B is the owner of multi-family housing with a total floor area of 657.31 square meters in J in Gwangju-si and with a total floor area of 7 households with a total floor area of 657.3

(a) No person who violates the prohibition against lending a construction business registration certificate, etc. shall perform construction works by using the name or trade name of a constructor or lend a construction business registration certificate or construction business registration pocket book;

Nevertheless, around August 2015, the Defendant paid 1.8 million won to employees in the name in the name of K in relation to the new construction of apartment houses by J in Gwangju City and lent the construction business registration certificate to K in relation to the new construction of apartment houses.

(b)to restrict construction works contractors;