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(영문) 수원지방법원 안양지원 2015.08.21 2015고정332
건설산업기본법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

To the extent that it does not substantially disadvantage the defendant's exercise of his/her right to defense, the following facts charged are organized and recognized as follows:

1. Notwithstanding that the Defendant is not a constructor, the Defendant constructed multi-family housing located in B and two parcels from May 2013 to September 2013.

2. The Defendant constructed a building described in paragraph (1) around April 2013, and around the construction site, around paragraph (1) around the construction site, borrowed three million won registration certificate of the construction business management company C, which is a constructor, and became the other party to the loan of the construction business registration in the construction business registration plan C, using its trade name.

Summary of Evidence

1. Defendant's legal statement;

1. Request for cooperation in investigation (request for provision of data on contact information of the project owner or design office);

1. Application of statutes, such as business registration certificates;

1. Article 96 Subparag. 5 of the Framework Act on the Construction Industry for criminal facts, Articles 41(1)2 (a) of the same Act on the Construction Industry for the selection of punishment (the point where a construction work executor is restricted) and Articles 96 Subparag. 3 and 21(1) of the former Framework Act on the Construction Industry (amended by Act No. 12580, May 14, 2014); the selection of fines for each of them;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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