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(영문) 서울북부지방법원 2019.08.29 2019고단1582
건설산업기본법위반
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates a construction business registration certificate shall receive a contract for or execute construction works by using the name or trade name of a constructor, or lend a construction business registration certificate or construction business registration pocketbook;

Nevertheless, on February 2018, the Defendant paid 3 million won in cash to a person who is unable to know the name of C in Seoul Jung-gu, Seoul, and borrowed the above company's construction business registration certificate.

2. Construction works concerning the construction or substantial repair of a building, the total floor area of which exceeds 200 square meters in violation of the restriction on a construction contractor shall be performed by the constructor;

Nevertheless, the Defendant, other than a constructor, constructed a multi-family housing unit with a total floor area of 365.21 square meters at the place indicated in paragraph (1) from the end of March 2018 to the beginning of July 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes, such as domestic arrival report, application for approval for use, approval for use, report on change of construction participants, report on construction commencement, standard contract for private construction works, construction business registration certificate,

1. The punishment of imprisonment under subparagraph 2 of Article 95-2, Article 21 (2), subparagraph 5 of Article 96, and Article 41 (1) 1 of the Framework Act on the Construction Industry for the relevant criminal facts, and the selection of each sentence of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act, despite the fact that the defendant had been sentenced to a fine due to the same criminal act, shall choose imprisonment with prison labor in consideration of the circumstances unfavorable to the defendant, including the fact that the defendant committed the instant crime. However, considering the circumstances favorable to the defendant, such as the fact that the defendant seems to recognize and reflect the instant crime, the execution of the instant crime shall be suspended by taking into account various factors such as the circumstances favorable to the defendant, the circumstances leading to

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