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(영문) 서울서부지방법원 2015.07.16 2015노467
건설산업기본법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. The judgment that the defendant recognized his mistake in full and reflects the depth of the defendant, there is no criminal records that the defendant has been punished for the same kind of criminal records or suspended execution or more, the defendant's health is not good due to invertebrate so that he can not be improved due to the vertebrate so, and the fact that the defendant discontinued D

However, the act of leasing a construction license is against the legislative intent of the Framework Act on the Construction Industry for the prevention of defective construction works by a person without a license, the proper execution of construction works, and the sound development of the construction industry, and the liability for such crime is not less and less, the Defendant leased a license, and the Defendant discontinued construction work equivalent to KRW 460 million of the construction cost, which resulted in difficulties for the contractor to receive relief due to the construction license lending, and the Defendant again committed the instant crime even though there had been six-time criminal records.

In addition, considering the motive and background of the crime, the circumstances after the crime, the age, career, character and conduct, environment, and family relationship of the defendant, various sentencing conditions as shown in the records and arguments, it cannot be said that the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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