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(영문) 수원지방법원 성남지원 2016.11.30 2016고단2409

건설산업기본법위반

Text

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

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

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 of not more than 661§³ in total floor area shall be conducted by the constructor.

Nevertheless, on October 2015, the Defendant borrowed the relevant documents, such as a construction business registration certificate, etc. in the name of the G, which is necessary for the report of the commencement of the construction project from the Si of Gwangju, Gwangju, and even though it is not a constructor, the Defendant filed a report of the commencement of construction in the name of the G, around October 28, 2015, and constructed one unit owner of multi-family housing (H) with a total floor area of 695.52 square meters in the same place and one unit owner of multi-family housing with a total floor area of 657.36 square meters in the total floor area.

Summary of Evidence

1. Defendant's legal statement;

1. The standard contract for each private construction project;

1. Each report on commencement of construction works;

1. Construction business registration certificate and replys to national land;

1. Application of statutes in attached to indictment No. 2016-type No. 29897 of the Incheon District Prosecutors' Office;

1. Relevant legal provisions concerning criminal facts, and Articles 96 subparagraph 3 and 21 (1) of the Framework Act on the Construction Industry for the Selection of Punishment, etc., subparagraph 5 of Article 96 and Article 41 (1) 1 and 2 (a) of each Framework Act on the Construction Industry, and the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The offense of this case with the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is an act of deviating from the purpose of legislation of the Framework Act on the Construction Industry for the purpose of promoting the proper execution of construction work and the sound development of the construction industry, and the nature of the offense of the accused

However, the defendant does not seem to be a constructor performing the construction work with a professional license, and the crime of this case was actually conducted in order to reduce expenses by directly performing the construction work in the position of friendship with the owner of the building or the owner of the building.