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(영문) 인천지방법원 2018.11.22 2018고단6833
건설산업기본법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates a lease of a construction business registration certificate shall receive a contract for or execute construction works by lending his/her name or trade name from a construction business operator or lend a construction business registration certificate or construction business registration pocket book;

Nevertheless, at around October 2017, the defendant paid 3 million won in cash to the name-free persons of the person concerned in the case of the Nam-gu Incheon Metropolitan Government, and borrowed relevant documents, such as the construction business registration certificate of the Association.

2. Construction works concerning the construction or substantial repair of a building, the total floor area of which exceeds 661m2 in violation of the restriction on a construction contractor shall be performed by the constructor;

Nevertheless, around October 16, 2017, the Defendant constructed one building for the business use of 3,487.69 square meters in total floor area, even if it is not a constructor, from around 3,00,000,000,000,000 square meters of business facilities.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to G or H;

1. Application of Acts and subordinate statutes on the materials of response to the Incheon Southern-dong Office;

1. Article 95-2 of the relevant Act, subparagraph 2 of Article 95-2 of the Framework Act on the Construction Industry Selection of Punishment, Article 21(2) of the same Act, subparagraph 5 of Article 96 and Article 41(1)1 of the former Framework Act on the Construction Industry (Amended by Act No. 15306, Dec. 26, 2017); the selection of imprisonment for a crime

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 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order 【Selection of Imprisonment’s Punishment】 Execution without a license passed with a specialized master company, substantial scale of construction up to 36 households of the 10th floor, motive for committing a crime, details of the lending, and the owner’s punishment for the property type in light of the possession of a similar kind of power. However, it is difficult to obtain preventive effect.

Provided, That the details of detection, support relations, the suppression of recidivism, and other good character and behavior shall be treated within a prudent society.

A punishment of six-month imprisonment shall be determined to the extent of the punishment to be sentenced, and such punishment shall be executed on condition that community service for the prevention of recidivism is provided.

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