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(영문) 인천지방법원 2017.01.20 2016노4263
건설산업기본법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the sentence (7 million won in penalty) imposed by the court below on the defendant is too unhutiled and unfair.

2. Although each of the instant crimes is favorable to the Defendant, such as the Defendant’s recognition of and reflects on his mistake, each of the instant crimes is deemed to have arranged the Defendant to lend a construction business registration certificate in a specialized manner as a “license slab” or directly lent a construction business registration certificate, and the crime is very poor in light of the background and method of the crime, etc., and such crime is highly detrimental to the society, such as impairing the order of the construction business community and causing problems such as defective construction.

In light of the following: (a) the Defendant’s age, sex, environment, family relationship, circumstances, motive, means and consequence of the instant crime; (b) the number of times the Defendant arranged to commit the instant crime; and (c) the benefits acquired through the instant crime appears to be not much significant; and (d) the overall sentencing conditions indicated in the instant argument, such as the Defendant’s age, sex, environment, family relationship, motive, means and consequence, duration and frequency, etc

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as that of each corresponding column of the judgment of the court below, thereby citing them as it is.

Application of Statutes

1. Relevant provisions of the Act on criminal facts, subparagraph 5 of Article 96, Article 41 (1) 3 (a) of the Framework Act on the Construction Industry (a point of performing construction works by a non-contractor), Article 96 subparagraph 3, and Article 21 (1) of the Framework Act on the Construction Industry (a point of lending a certificate, etc. of registration of construction business), Article 96 subparagraph 3, Article 21 (2), and (1) of the Framework Act on the Construction Industry (a point of arranging a lease of a certificate, etc. of registration of construction business), and each decision of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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