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(영문) 서울동부지방법원 2019.10.22 2019고정764
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

B is a company that conducts hotel development and indoor design, and Defendant A is a general director of Defendant B, who has entered into a partnership contract with Defendant B for a new hotel construction project in Songpa-gu Seoul Metropolitan Government D.

1. No person who intends to contract or perform construction works by lending his/her name or trade name from a constructor or lend his/her construction business registration certificate or construction business registration pocket book;

Nevertheless, on January 15, 2018, the Defendant, who is the general director of Defendant B, was leased the construction business registration certificate from G, which is the general registration director of F in Songpa-gu Seoul, Seoul.

2. If the representative of a corporation or an agent, employee or other servant of the corporation or an individual commits an offence under Article 95-2 of the Framework Act on the Construction Industry in connection with the business of the corporation or the individual, not only shall such offender be punished, but also the corporation or the individual shall be punished by a fine

Defendant

A Co., Ltd. is a corporation for which Defendant A is a general director, and Defendant A committed a violation of Article 95-2 of the Framework Act on the Construction Industry.

Summary of Evidence

1. Defendants’ legal statement

1. Each police suspect interrogation protocol concerning C and G;

1. A written accusation;

1. Investigation report (report attached to A submitted by a complainant);

1. The application of Acts and subordinate statutes to investigation reports (report on the attachment of materials related to building permits);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Subparagraph 2 of Article 95-2 of the Framework Act on the Construction Industry and Article 21 (2) of the same Act;

(b) Defendant B: Articles 98(2), 95-2 subparag. 2 and 21(2) of the Framework Act on the Construction Industry

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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