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(영문) 수원지방법원 성남지원 2017.08.31 2017고단1188
건설산업기본법위반
Text

Defendant

A A shall be punished by a fine of 4 million won, by a fine of 4 million won, by a fine of 4 million won, and by a fine of 5 million won.

Reasons

Punishment of the crime

1. Defendant A is the actual owner of multi-family housing with the fourth floor size located in Gwangju-si, Gwangju-si.

(a) 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 September 2015, 2015, the Defendant paid 3 million won in cash in relation to the construction of apartment units D at the construction site of the foregoing apartment units to employees in the name of E, a corporation, at the construction site of the foregoing apartment units, and leased E’s construction business registration certificate.

(b) Construction works related to the construction or substantial repair of a building corresponding to multi-family housing which is a residential building with the total floor area of not more than 661 square meters, for a constructor's violation of restrictions, shall be performed by the constructor;

Although the Defendant is not a constructor around November 2015, the Defendant leased a construction business registration certificate as referred to in paragraph 1(a) and constructed multi-family housing, which is a residential building of the total floor area of 548.04 square meters in Gwangju-si, Gwangju-si.

2. Defendant B is the owner of a multi-family housing with the fourth floor size located outside the F in the Gyeonggi-si.

(a) 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 August 8, 2015, the Defendant paid 1.5 million won in cash to employees under his/her control in relation to the construction of multi-family housing in Gyeonggi City F and one parcel of multi-family housing at the early construction site of multi-family housing, and lent E’s construction business registration certificate to employees.

(b) Construction works related to the construction or substantial repair of a building corresponding to multi-family housing which is a residential building with a total floor area of not more than 661 square meters shall be performed by a constructor.

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