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(영문) 수원지방법원 2017.11.09 2017고정2421

건설산업기본법위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On March 24, 2017, the Defendant was sentenced to a suspended sentence of ten years for the crime of forging private documents at the Seoul Eastern District Court on October 24, 2017, and the judgment became final and conclusive on April 1, 2017.

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 shall become the other party thereto.

Nevertheless, on February 15, 2015, the Defendant paid KRW 3 million in cash to C in Suwon-si, Suwon-si, and thereafter borrowed all the documents necessary for reporting the commencement of construction work for “multi-household housing with the total floor area of 345.69 square meters in Suwon-si, Suwon-si, and two parcels of multi-household housing, including D construction business registration certificate.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to E, F, and G;

1. Each police statement made to H and I;

1. A written accusation and accompanying documents (standard contract contract, certificate of employment, and report on the commencement of private construction works);

1. Previous convictions: Inquiry about criminal history and application of the text of the judgment;

1. Article 96 Subparag. 3 and Article 21 of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017) on criminal facts

1. Selection of punishment: Selection of a fine;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;