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(영문) 서울남부지방법원 2017.10.11 2017고단3847

건설산업기본법위반

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. No constructor shall allow another person to perform construction works by using his/her name or trade name or lend his/her construction business registration certificate to another person, and no one shall become the other party;

On September 2016, the Defendant paid 3 million won to the persons related to the (ju) Dong-gu, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si, and leased the construction business registration certificate (ju)C.

2. A constructor shall construct any residential building the total floor area of which exceeds 661 square meters;

Even if the Defendant is not a constructor, the Defendant constructed one apartment house, which is a residential building with the total floor area of 1,151.28 square meters, in the Dong-gu, Gyeonggi-si, Gyeonggi-do, Gyeonggi-do, Gyeonggi-do, from September 2016 to April 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for business cooperation ( Current status of report on commencement of C&C);

1. Application of Acts and subordinate statutes governing completion of construction reports;

1. Relevant legal provisions concerning criminal facts, Article 96 Subparag. 3, Article 21(1) (a) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 201); Article 96 Subparag. 5, and Article 41(1)1 of the Framework Act on the Construction Industry (a violation of restrictions on constructors of construction works) of the same Act; and the selection of fines, respectively;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The fact that the person has been punished for the same kind of crime is against the good condition: The defendant's age, sexual behavior, environment, etc., and the sentencing conditions recorded in the record shall be determined as ordered by taking into account the two different factors of sentencing as stated in the record;