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(영문) 서울서부지방법원 2018.07.04 2018고단1273
건설산업기본법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person of "2018 Highest 1273" shall lend his/her name or trade name to a construction business operator for contracting or executing construction works or lend his/her construction business registration certificate or construction business registration pocket book.

On December 3, 2016, when constructing multi-household housing (urban-type residential housing) on land located in Eunpyeong-gu Seoul Metropolitan Government and 1 parcel, the Defendant paid 1.5 million won in cash to his/her name in cash, and obtained a lease of the construction business registration certificate, etc. in the name of C Co., Ltd. and reported the commencement of construction on January 3, 2017.

No person of "2018 Highest 1694" shall lend his/her name or trade name to a construction business operator for contracting or executing construction works or lend his/her construction business registration certificate or construction business registration pocket book.

On October 2017, the Defendant newly constructed a multi-household house on the land located in Eunpyeong-gu Seoul Metropolitan Government and one parcel other than Eunpyeong-gu, Seoul, the Defendant paid 2 million won in cash to his/her name-oriented persons and received a construction business registration certificate, etc. in the name of E Co., Ltd. and reported the commencement of construction on October 23, 2017.

Summary of Evidence

"2018 Highest 1273"

1. Statement by the defendant in court;

1. A report on commencement, an application for approval of use, and an application for change of construction participants;

1. The building register of licensed rental buildings "2018 Highest 1694";

1. Statement by the defendant in court;

1. A report on commencement and contract for construction works;

1. Application of construction business registration certificates, pocketbookss, business registration certificates and statutes;

1. Relevant Article of the Act on Criminal Facts, Article 96 Subparag. 3 and Article 21(2) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017); Article 95-2 Subparag. 2 and Article 21(2) of the Framework Act on the Construction Industry (see, e.g., lending of a construction business registration certificate in the name of a stock company C); each of the imprisonment options;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The defendant committed each of the crimes in this case even though he had been punished for the same type of crime.

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