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(영문) 수원지방법원 안산지원 2017.04.28 2017고단644

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

The Defendant is the owner of a multi-family housing (a total floor area of a building: 642.52 square meters) outside Pyeongtaek-si B.

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 any construction works for constructing residential collective housing of which the total floor area is not more than 661 square meters shall be conducted by the constructor.

Nevertheless, on July 2016, the Defendant borrowed relevant documents, such as construction business registration certificates and construction business registration pocket books, etc. in the bank of dispute resolution, which are necessary for reporting the commencement of construction at the construction site at the same construction site, and filed a report on the commencement of construction in the name of the Co., Ltd. and constructed the apartment house at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against D;

1. Application of Acts and subordinate statutes to a copy of a report on commencement, a copy of a report on commencement of construction works, a copy of a construction business registration certificate, and a copy of

1. Selection of a fine for a crime, Article 96 subparagraph 3 of the relevant Act, Article 21 (1) of the Framework Act on the Construction Industry, Article 96 subparagraph 5 of the Framework Act on the Construction Industry, and Article 41 (1) 2 (a) of the same Act, and each provision of a fine for negligence;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.