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(영문) 의정부지방법원 2018.02.22 2017고정2311
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is the owner of the building site area of 264.5 square meters in Namyang-si, approximately 15.54 square meters in total floor area of 515.63 square meters in total area, and approximately 158.63 square meters in total area of 4 square meters in neighboring residential facilities and multi-family houses, and is the actual owner of the above neighboring residential facilities and multi-family houses, and E is the constructor of the above neighboring residential facilities and multi-family houses.

Around December 12, 2014, the Defendant and E conspired to implement the construction of the above neighboring facilities and multi-family houses, and they delivered KRW 2.5 million to F under the name of the construction license lending expenses, and completed the construction work after borrowing the construction business registration certificate in the name of Youngcheon Construction Co., Ltd., construction business registration certificate, construction business registration pocket book, and construction work after reporting the commencement of the construction work to the Namyang-ju who is the competent agency

Summary of Evidence

1. Legal statement of witness E;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement of the police statement related to G;

1. A report on the commencement of construction business (eight times a month), a construction business registration certificate (construction of HanMam Co., Ltd.) and a construction business registration pocketbook;

1. Inquiries about the details of passbook transactions and transaction details;

1. A construction supervision contract, a standard contract for private construction works, and a standard contract for the design of a building (the defendant was unaware of his/her license for construction business at all;

The argument is asserted.

However, the circumstances acknowledged by the evidence duly adopted and examined by this court, namely, E, in this court, stated in this court that “A defendant requested a loan of KRW 30 million on the condition that the new construction work of this case was performed, and he was aware of a loan under the name of the company to which he belongs, but the defendant gave up the construction work.” He stated in the report of commencement that “E was agreed to obtain a loan under the name of another company upon request for a new construction work of this case,” and “E entered the contractor in the construction contract of construction work as the contractor, and submitted it to the competent administrative office. E submitted a forged construction contract without the consent of the defendant or the owner of the building.”

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