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(영문) 춘천지방법원 영월지원 2017.04.28 2016고정56
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

No constructor shall allow another person to contract or perform construction works by using his/her name or trade name or lend his/her construction business registration certificate or construction business registration pocket book to another person.

1. Around October 2012, Defendant A operated the said company’s temporary office located in Gwangju-si, Gwangju-si, with a license to engage in the steel reinforced concrete construction business. Around October 2012, Defendant A borrowed a copy of the business registration certificate under the name of the said company, a copy of passbook, a copy of passbook, a copy of a construction business registration certificate, a copy of a construction business registration certificate, an employee reduction book, and a certificate of seal impression. A used the said company’s trade name from November 8, 2012 to February 28, 2013, Defendant A had F Co., Ltd receive from the said company the “construction of H building” under the name of the said company and completed construction work.

2. Defendant B, the representative of Defendant B, committed an act of violation as above in relation to his duties.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. A protocol concerning the interrogation of suspects of E;

1. Details of confirmation of facts, such as telephone;

1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawal;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 96 Subparag. 3 and Article 21 of the Framework Act on the Construction Industry; Selection of a fine;

(b) Defendant B: Articles 98(2), 96 subparag. 3, and 21 of the Framework Act on the Construction Industry;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

1. The defendants who bear the costs of lawsuit: Determination as to the defendants and their defense counsel's arguments under the main sentence of Article 186 (1) of the Criminal Procedure Act

1. The assertion E is merely an on-site agent and does not lend his name.

2. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the court, the name of E is given.

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