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(영문) 수원지방법원 안양지원 2018.10.04 2018고단1101 (1)

건설산업기본법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A Co., Ltd. (hereinafter referred to as “B”) is a constructor who has an office in the Gu C buildings and heading D during Ansan-si and has completed registration of construction business pursuant to the Framework Act on the Construction Industry, and the Defendant is not the said constructor.

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 no person shall become the other party thereto.

In addition, a residential building with a total floor area of not more than 661m2, which is an apartment building under the Building Act, a residential building with a total floor area of not less than 661m2, and a construction work for construction of a non-residential building with a total floor area of not less than 495m

(1) On August 21, 2017, the Defendant borrowed a construction business registration certificate, etc. of B from the inside director E to KRW 3 million. Around that time, the Defendant: (a) lent B’s construction work of multi-family housing with a total floor area of 659.98 square meters under the name of B from the Seosung City F; (b) borrowed B’s construction registration certificate, etc. of construction work of B from the above office around September 4, 2017 to KRW 3 million; and (c) around that time, the construction work of a multi-family housing with a total floor area of 760.05 square meters under the name of B from Seosung City. (c) around September 4, 2017, the Defendant borrowed B’s construction business registration certificate, etc. of E from the above office to KRW 3 million; and (c) around that time, the construction work of a new apartment facility with a total floor area of 765.19 square meters under the name of B from Seosung City.

Summary of Evidence

1. Defendants’ legal statement

1. A written accusation;

1. Application of the Acts and subordinate statutes to the investigation report (as described in B of the construction site verification at the time of harmony);

1. Article 96 Subparag. 5 and Article 41(1) of the former Framework Act on the Construction Industry (Amended by Act No. 15306, Dec. 26, 2017); Article 96 Subparag. 3 and Article 21(1) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017); Articles 96 Subparag. 3 and 21(1) of the former Framework Act on the Construction Industry; and each selective fine.

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (1) of the Criminal Act for the aggravation of concurrent crimes.