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(영문) 서울동부지방법원 2019.02.07 2018고단3984
건설산업기본법위반등
Text

Defendant shall be punished by imprisonment for one year and a fine of 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a constructor of multi-family housing in Gangdong-gu Seoul Metropolitan Government.

1. Violation of the Framework Act on the Construction Industry: No person who violates the prohibition against lending his/her construction business registration certificate, etc. shall lend his/her name or trade name to another person for contracting or executing construction works or lend his/her construction business registration certificate

around March 2018, the defendant paid 3.5 million won to C (one person D) at the defendant's office located in Gangdong-gu Seoul Metropolitan Government, and lent a construction business registration certificate, etc. of the Gangdong-gu Seoul Metropolitan Government.

2. Violation of the Building Act: The owner who intends to commence the construction work for a building for which a false report on construction commencement has been filed, shall report the construction plan to the permission granter, and no one shall make a false report on construction commencement; and

Around April 13, 2018, the defendant filed a false report on the commencement of construction with the Gangdong-gu Office located in Gangdong-gu Seoul Metropolitan Government, and submitted a report on the commencement of construction to the public official in charge, along with the contract document and the construction registration certificate, etc. described in paragraph (1), by entering the contractor in the report on the commencement of construction of the above multi-family housing for which a construction permit was granted as the contractor, even though the

3. The Defendant submitted a false report on commencement of construction works at the time and place specified in paragraph (2), and made a public official in charge of examining whether Article 41 of the Framework Act on the Construction Industry (Restriction on Constructors of Construction Works) is violated, etc. along with a contract document and a construction business registration certificate, to believe that the Plaintiff submitted a false report on commencement of construction works at the time and place specified in paragraph (2), and issued a report completion certificate around April 14, 2018.

Accordingly, the defendant interfered with the legitimate performance of duties by public officials in charge of Gangseo-gu Office who handle the reporting of commencement by fraudulent means.

4. Violation of the Framework Act on the Construction Industry: Construction works concerning the construction or substantial repair of collective housing among residential buildings with a total floor area not exceeding 61m2 in violation of restrictions on construction contractors;

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