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(영문) 대전지방법원 천안지원 2017.01.19 2016고정705
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. No one shall contract or perform construction works by using the name or trade name of a constructor from a construction business operator or lend a construction business registration certificate or a construction business registration pocket book;

Nevertheless, on October 2015, the Defendant leased a construction business registration certificate and a construction business registration pocket book for a corporation, a corporation, in consideration of the payment of KRW 3,000,000 to a construction site located in Asan-si B, Asan-si.

2. Construction works concerning construction or substantial repair of a building, other than residential buildings, the total floor area of which exceeds 495 square meters, shall be performed by a constructor;

Despite the fact that the Defendant is not a constructor registered with the Minister of Construction and Transportation, the Defendant extended a factory with the total floor area located in Asan City B from November 25, 2015 to March 25, 2016, using the registration certificate of the construction business of the Jeju Construction Corporation, which was leased as described in paragraph (1) to the Minister of Construction and Transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of an investigation report (a certificate of registration of construction business, etc.);

1. Application of each Act or subordinate statute of a construction contract and a summary of the traffic response of national land;

1. Relevant legal provisions of the Construction Industry Act, subparagraph 3 of Article 96, Article 21 (1) of the Framework Act on the Selection of Punishment, and Article 21 (1) (Appointment of fines for a construction business registration certificate and a construction business registration pocketbook), Article 96 subparagraph 5 of the Framework Act on the Construction Industry, and Article 41 (1) 3 (Appointment of Unregistered Construction, and Selection of Fines) concerning facts constituting 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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The fact that the amount of construction work for the sentencing of Article 334(1) of the Criminal Procedure Act is not small due to the extension work equivalent to 245 million won (a separate value-added tax) for the reason of the sentencing of Article 334(1) of the Criminal Procedure Act, and the crime was committed to obtain economic benefits with knowledge of the illegality and necessary punishment corresponding thereto, and the defendant is 13 times as a result of the crime of this type (a practical sentence);

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