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(영문) 서울동부지방법원 2017.02.10 2016고정1955
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a contractor of multi-family housing with a total floor area of 300.47 square meters in Seoul Special Metropolitan City.

1. No person who is prohibited from lending a construction business registration certificate, etc. shall perform construction works by lending his/her name or trade name from another construction business operator or lend his/her construction business registration certificate or construction business registration pocket book;

Nevertheless, on March 2016, the Defendant leased the construction business registration certificate of the said company by paying KRW 1 million to the rental fee after receiving the construction business registration certificate of the said friendly Construction from the person who was influor’s name and was influor’s name and influor’s name at the front of the construction site.

2. Construction works concerning construction or substantial repair of multi-family housing under the Building Act among residential buildings the total floor area of which is more than 661m2, or the total floor area of which is not more than 661m2, shall be performed by a constructor;

Nevertheless, even if the Defendant is not a constructor, the Defendant performed construction works regarding the above multi-family housing from March 2016 to August 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Documents, etc. for reporting on commencement;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a letter);

1. Article 96 of the relevant Act on criminal facts, subparagraph 3 of Article 96 of the Framework Act on the Construction Industry Selection of Punishment, Article 21 (1) (a point where a certificate of registration for a construction business has been leased, choice of fines) and Articles 96 subparagraph 5 and 41 (1) of the Framework Act on the Construction Industry (a point where a constructor is restricted, and choice of fines);

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. 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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