logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.08.12 2016고정1113
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the owner of multi-household housing newly built in Gangseo-gu Seoul Metropolitan Government B.

(a) No one 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, around August 10, 2015, the Defendant paid 2.5 million won to the needy person, who is an employee of the new construction work site of multi-household B located in Gangseo-gu Seoul Metropolitan Government, and leased the construction business registration certificate of the said company.

(b) Multi-family housing which is a residential building with a total floor area of not more than 661 square meters shall be built by a constructor.

Nevertheless, even if the Defendant is not a constructor, the Defendant leased a construction business registration certificate, and constructed multi-household houses, which are residential buildings with the total floor area of B of Gangseo-gu Seoul Metropolitan Government 403.34 square meters from August 15, 2015 to January 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Standard contract for private construction works;

1. Application of construction business registration certificates, construction business registration pocketbooks, business registration certificates, and reporting on commencement of construction works under Acts and subordinate statutes;

1. Selection of a fine for a crime under subparagraph 3 of Article 96 of the Framework Act on the Construction Industry (a point of borrowing a certificate of construction business), Article 96 subparagraph 5 of the Framework Act on the Construction Industry, Article 96 subparagraph 1 of the same Act, and Article 41 (1) (a point of violation of restrictions on a constructor of construction works), and Article 41 of the same Act;

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;

arrow