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(영문) 서울남부지방법원 2018.08.24 2018고합242
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall receive a contract for or execute construction works by lending his/her name or trade name from a construction business operator or lend his/her construction business registration certificate or construction business registration pocket book.

Nevertheless, the Defendant from the end of March 2017

4. The first police officer was performing six new construction works of apartment houses (title L) on the land of the Dong-gu Seoul Special Metropolitan City F, G, H, I, J, and K purchased in the name of the Defendant and the Defendant’s staff D, E, and the first police officer paid KRW 9 million to the person under the name of the deceased in terms of lending his construction business registration certificate of M Co., Ltd., and leased the construction business registration certificate in the name of M Co., Ltd. to the said new construction works.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect of the N; and

1. Documents related to lending the license of each M company, each report on commencement of construction works, each contract, each business registration certificate, construction business registration certificate, pocket book, etc., application for approval for each use, building register, etc. (net 19-49);

1. Application of Acts and subordinate statutes to a report on investigation (the matters concerning the separate disposal of each building owner who rents a construction license) (18)

1. Relevant Article of the Act and Articles 96 subparagraph 3 and 21 (1) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017) on criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment by law: A fine not exceeding 30 million won;

2. Whether to apply the sentencing criteria: It shall not apply because the sentencing criteria are not set.

3. Determination of sentence: Lending a fine of KRW 10 million, including a certificate of registration of construction business, may cause problems, such as fraudulent construction or safety accidents, by harming the order of construction business through the formulation of the restriction provisions of the contractor. The actual contractor and the nominal owner are different, which may cause various legal disputes, and the defendant has a history of being punished for the same kind of crime.

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