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(영문) 수원지방법원 2017.08.17 2017고단3526

건설산업기본법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Framework Act on the Construction Industry by lending a construction business registration certificate shall perform construction works by using the name or trade name of another constructor or lend a construction business registration certificate or construction business registration pocket book of another constructor;

Nevertheless, on October 17, 2016, the Defendant paid 4,000,000 won in cash to the name-free persons at the construction site of multi-family housing constructed by the Defendant in Suwon-si, Suwon-si, Suwon-si, and lent the registration certificate of construction business of D Co., Ltd., a construction work of multi-family housing from the time of reporting the commencement of construction work in the name of D around October 17, 2016

2. Construction works concerning the construction or substantial repair of a building falling under multi-family housing under the Building Act among residential buildings the total floor area of which does not exceed 661m2 due to a violation of the Framework Act on Construction Industry due to a violation of restrictions on construction works shall be performed by a constructor

Despite the fact that the Defendant is not a constructor, from October 17, 2016 to October 17, 2016, the Defendant performed construction works on the construction of the above collective housing with a total floor area of 659.7 square meters, as described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each police suspect interrogation protocol regarding E;

1. An investigation report (attached, etc. to building permission documents), a written report on the commencement of construction works, a certificate of contract, a construction business registration certificate, and a pocket book;

1. The application of investigation reports (Attachment to materials for replys to national land traffic), and the statutes governing response materials for national land traffic;

1. Relevant Article of the Act concerning facts constituting a crime, subparagraph 3 of Article 96, Article 21 (1) of the Framework Act on the Construction Industry (a point of borrowing a registration certificate of construction business), Article 96 subparagraph 5, and Article 41 of the Framework Act on the Construction Industry (a point of violation of restrictions on a constructor of construction works), and selection of imprisonment for each sentence;

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. The fact that the instant crime was committed even though there was a record of being punished for the same kind of crime for the reason of sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing) is committed under the unfavorable circumstances.