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(영문) 의정부지방법원 2017.01.23 2016고단4362
건설산업기본법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. No person shall perform construction works by using the name or trade name of a constructor or lend a construction business registration certificate or a construction business registration pocket book;

Nevertheless, on December 2015, the Defendant paid 100,000 won to the name-free person at the above construction site to build a factory in Dongducheon-si B and two lots of land, and lent (State) the registration certificate of construction business to (State).

2. Construction works concerning the construction or substantial repair of a building, other than residential buildings, the total floor area of which exceeds 495 square meters, shall be performed by a constructor;

Despite the fact that the Defendant is not a constructor, on December 23, 2015, the Defendant leased a construction business registration certificate, and constructed a factory with a total floor area of 2938.84 square meters on the said land.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. A self-denunciation report;

1. Business registration certificate;

1. Construction industry registration certificate;

1. Book to register the construction industry;

1. A report on internal investigation:

1. A copy of approval for factory extension;

1. Application of Acts and subordinate statutes governing field architectural photographs;

1. Punishment of a crime under subparagraph 3 of Article 96 of the Framework Act on the Construction Industry (a point of lending a certificate of registration of construction business) and Article 21 (1) (a point of lending a certificate of registration of construction business), Article 96 subparagraph 5 of the Framework Act on the Construction Industry and Article 41 (1) 3 (a point of non-qualification construction) and selection of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. In light of the legislative intent of the Framework Act on the Construction Industry with its essential and essential contents, in order to promote the proper execution of construction works with reason for sentencing under Article 62(1) of the Criminal Act and the sound development of the construction industry, it is inevitable to strictly punish the same name lending as the instant crime in light of the legislative intent of the Framework Act on the Construction Industry where the license and registration standards for the construction business are strictly stipulated and where a person who has obtained a license or has registered is not engaged

However, if not, a construction-related qualification certificate.

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