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(영문) 서울중앙지방법원 2019.06.26 2019고정167
건설산업기본법위반
Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. No person who intends to execute construction works by using the name or trade name of another constructor, nor lend a construction business registration certificate or construction business registration pocketbook, and any construction works for any building other than residence, the total floor area of which exceeds 495 square meters, shall be conducted by the constructor;

Nevertheless, around August 1, 2017, the Defendant lent 2 million won to a person who is not a constructor even if he is not a constructor, the Defendant reported the commencement of construction work in the name of D Co., Ltd. around August 18, 2017, and made a large-scale repair of one building of 617.44 square meters among factories of the total area of 2924 square meters in the same place.

2. Around August 2017, Defendant B: (a) performed construction works on a building with a total floor area exceeding 495 square meters by lending a construction business registration certificate or construction business registration pocketbook to a person who is not a constructor; and (b) provided information to A on the phone number of a person who is a licensed rental business operator, thereby facilitating the relevant crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copy of each protocol of suspect suspect of the police against E;

1. A report on commencement and a report completion certificate on commencement of construction works;

1. Application of a detailed statement of account transfer under statutes; and

1. Defendant A: Article 96 Subparag. 3 and Article 21 of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017); Article 96 Subparag. 5 and Article 41(1)3 of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017; Act No. 14708, Mar. 21, 2017; Act No. 14708, Mar. 21, 2017; Act No. 1465, Mar. 3 and 21, 2017; Act No. 1465, Mar. 21, 2017; Act No. 1465, Mar. 5, 2016; Act No. 14708, Mar. 31, 2017>

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