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(영문) 수원지방법원 2017.11.16 2017고정2207
건설산업기본법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

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, and shall become the other party thereto.

Nevertheless, on May 15, 2016, the Defendant paid 10 million won to the person who was absent from his name at the construction site of the new building located in the Dong-gu, Ansan-si. Around May 15, 2016, and borrowed a construction business registration certificate for ridge integrated construction company.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on commencement;

1. Construction business registration certificate;

1. Application of the statutes on standard contract for private construction works;

1. Relevant legal provisions and Articles 96 Subparag. 3 and 21(1) of the former Framework Act on the Construction Industry (Amended by Act No. 14015, Feb. 3, 2016); the choice of fines for criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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