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(영문) 수원지방법원 평택지원 2017.06.14 2016고단2630
건설산업기본법위반
Text

[Defendant A] Imprisonment with prison labor for six months

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 2630]

1. Defendant A

(a) Construction works for any building, other than residential buildings, the total floor area of which exceeds 495 square meters, of the contractor of the construction works, shall be prohibited from being constructed unless the constructor is a non-resident;

Despite the fact that the Defendant is not a constructor with a comprehensive construction license, from September 14, 2015 to November 30, 2011 of the same year, the Defendant constructed a new construction work of 210 square meters in the automobile-related facilities (type 2 neighborhood living facilities) building operation of the same 210 square meters, but 240 square meters in the same Dong, 456 square meters, 360 square meters in the same Dong, 366.4 square meters in the same Ma, Ma, 1,632.4 square meters in the same year.

2) No person who lends a construction business registration certificate, etc. shall receive a contract or execute construction works by lending his/her name or trade name from a construction business operator.

Nevertheless, on September 10, 2015, the Defendant paid KRW 50 million equivalent to 1 billion of the construction cost under the above paragraph (1) at the office of the Defendant in Ansan-si, the Defendant borrowed the trade name of the said G corporation by taking over all relevant documents, such as the G construction business registration certificate of the G corporation with a comprehensive construction license, the construction business registration pocket book, the standard contract contract contract for private construction works, and the on-site transfer by proxy, and received construction work under the above paragraph (1) from H on September 10, 2015.

(b) No construction works for any building, other than residential buildings, the total floor area of which exceeds 495 square meters, of the contractor of the construction works, shall be constructed unless the constructor is a non-resident;

Despite the fact that the Defendant is not a constructor with a comprehensive construction license, from September 14, 2015 to November 30, 2011 of the same year, the Defendant constructed a new construction work of a car-related facility (type 2 neighborhood living facilities), 510 square meters, 450 square meters, 330 square meters, 1,290 square meters, Doz.

2) Any person lending a construction business registration certificate, etc. shall be the name or trade name of the construction business.

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