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(영문) 수원지방법원 성남지원 2017.11.22 2017고단1993
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 becomes final and conclusive.

Reasons

Punishment of the crime

"2017 Highest 2069"

1. No person who violates the prohibition against lending a construction business registration certificate, etc. shall perform construction works by using the name or trade name of a constructor or lend a construction business registration certificate or construction business registration pocket book;

On May 2013, the Defendant paid 2.5 million won in cash to employees in the name of E Co., Ltd. at the construction site in the Gyeonggi-si of Gyeonggi-do, and received relevant documents, such as the construction business registration certificate of E Co., Ltd., and completed the construction of multi-family housing.

2. Construction works related to the construction or substantial repair of a building corresponding to an apartment house which is a residential building with the total floor area of not more than 661 square meters, for a constructor's violation of restrictions on construction works, shall be conducted by the constructor;

Notwithstanding that the Defendant is not a constructor, the same year from May 23, 2013 to the same year.

8. Until the end, a multi-family housing building with a total floor area of 528.13 square meters located in Gyeonggi-si D, using the name of construction E, which was leased as described in paragraph 1, was constructed and constructed.

No person shall borrow a construction business registration certificate or a construction business registration pocketbook of another constructor, or perform construction works by using his/her name or trade name, and any construction works for constructing residential collective housing of which the total floor area is not more than 661 square meters shall be conducted by a constructor.

Nevertheless, on May 25, 2016, the Defendant: (a) lent documents related to the construction business registration certificate, etc. in the name of G (ju) required for reporting the commencement of construction in the name of G (ju) around May 30, 2016 to his/her name, and (b) constructed multi-family housing with a total floor area of 408.72 square meters at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. 2017 order: Copies of construction business registration certificate, construction business registration pocket book, application for building permission, etc., and copies of judgment;

1. 2017 High Order 1993: A reply to a request for cooperation in an investigation.

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