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(영문) 서울북부지방법원 2016.07.18 2016고정749
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

The defendant is the representative director B established for the purpose of building business, etc., and the constructor shall not allow another person to receive a contract for or perform construction works using his/her name or trade name, nor lend his/her construction business registration certificate or construction business registration pocket book to another person.

Nevertheless, the Defendant was aware that he had been on August 2012, 201.

C At the request of C to lend the name of the construction business, C received construction works using the trade name of the said corporation, and in return, 5% of the total construction cost was paid as commission.

Accordingly, around August 22, 2012, the Defendant had C enter into a contract for remodeling the F Building in the name of the representative director E in the name of the owner E of building in Yongsan-gu Seoul Metropolitan Government, and had C enter into a contract for remodeling the F Building in the name of the representative director E in the name of the owner E of building in the name of the owner of building in Yongsan-gu, Seoul and execute it.

Accordingly, the defendant had another person receive a contract or execute a construction work using his trade name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to C (a right 469, one of the investigation records);

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

1. Relevant Article of the Act and Articles 96 Subparag. 3 and 21(1) of the former Framework Act on the Construction Industry (Amended by Act No. 11466, Jun. 1, 2012) on 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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