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(영문) 수원지방법원 안양지원 2020.01.22 2019고단873
건설산업기본법위반등
Text

Defendant

A Imprisonment for a year and April, 190, Defendant B was punished by a fine of KRW 5,00,000, and Defendant C was punished by a fine of KRW 10,00.

Reasons

Punishment of the crime

[criminal record] On November 3, 2017, Defendant B was sentenced to two years of suspension of execution for one year of imprisonment with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) in the Daejeon District Court’s Support for the Incheon District Court, and the judgment became final and conclusive on November 11, 2017.

【Criminal Facts】

"2019 Highest 873"

1. No constructor who lends his/her construction business registration certificate to a third person shall allow a third person to receive a contract for or perform construction works using his/her name or trade name, or lend his/her construction business registration certificate;

Nevertheless, the Defendant received proposals from D (Death on November 19, 2018) to “a company that establishes a thickness and lends construction business registration certificate, etc. to another company,” and consented to such proposals, and D provided funds for the establishment, etc. of the company, and the Defendant conspired to share the roles of the company by entering the license lending brokerage hub, etc.

On July 1, 2015, the Defendant: (a) recruited a licensed loan broker and operated a business; (b) acquired a company E necessary for granting a license; and (c) on July 1, 2015, the Defendant lent the construction business registration certificate of the company E to G, the owner of the building, at the site of a newly constructed construction project located in the area of the wife population F, the Defendant leased the construction business registration certificate of the company E to the owner of the building; (c) from that time until December 10, 2015, the Defendant lent the construction business registration certificate of the company E to the owner of the building at least 301 times in total, as shown in attached Table 1, from

Accordingly, the defendant, in collusion with D, lent construction business registration certificate.

B. The Defendant committed the crime of lending the construction business registration certificate of H Co., Ltd.: (a) recruited a licensed loan broker and run a business; (b) D acquired H as necessary for granting a license; and (c) the Defendant acquired a new apartment house construction project located in Seongbuk-gu Seoul Special Metropolitan City, Seongbuk-gu, Seoul Special Metropolitan City, with J. (the owner of the building) around March 16, 2015.

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