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(영문) 의정부지방법원 고양지원 2020.06.25 2020고단1044
건설산업기본법위반
Text

Defendants shall be punished by a fine of seven million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is the actual owner of the C Multi-Family Housing at the time of strike, and the defendant B is a disqualified architect who has overall control over the construction work of the above building.

No one may receive a construction contract or execute construction works by lending his/her name or trade name from a constructor or lend his/her construction business registration certificate or construction business registration pocket book, but the Defendants need to obtain a comprehensive construction license for the construction of the above building on May 2018, and the Defendants paid 4% of the above construction cost (850 million won) to D through E (F) a stock company D (hereinafter referred to as “D”) as the fee for a license lease, while paying 4% of the above construction cost (850 million won) to D as the fee for the license lease, the Defendants received all of the licensed rental documents, such as D’s construction registration certificate, and had the construction office receive the construction start limit to the competent Gu office, and actually executed the construction work.

As above, the Defendants conspired to use the D’s trade name, and leased the construction business registration certificate, etc.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the Defendants’ statutory statements G and the investigation report of each police interrogation protocol on H (Attachment of Construction License and Construction Technology Rental Documents)

1. In light of the facts charged and the contents of the facts charged under Articles 95-2 subparag. 2 and 21(2) of the former Framework Act on the Construction Industry (wholly amended by Act No. 16415, Apr. 30, 2019) and the contents of the evidence, “paragraph (1)” as stated in the indictment is obvious that it is a clerical error in the “paragraph (2)” and thus, it is corrected without due process of amendment of indictment.

Article 30 (Selection of Fine) of the Criminal Act

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

1. Each of the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the contents of the crime, the details and degree of participation, and the criminal records (for the defendants, once the same criminal records and the criminal records during the suspended execution period) of the Criminal Procedure Act, were determined by comprehensively taking account of various factors of sentencing.

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