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(영문) 서울동부지방법원 2017.01.10 2016고정1891
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 actual contractor of multi-family housing (D) located in Seongdong-gu Seoul Metropolitan Government.

1. No person shall lend his/her construction business registration certificate or construction business registration pocket book from another person who violates the prohibition on lending his/her construction business registration certificate;

On November 2015, the Defendant received KRW 2 million in cash from a man who is unable to know his name at the construction site of the above building, and leased the construction business registration certificate for the comprehensive construction construction company.

2. No person, other than a constructor who violates restrictions on construction works, shall perform construction works concerning construction or substantial repair of a residential building with a total floor area of not more than 661§³, which falls under multi-family housing under the Building Act;

On December 1, 2015, the Defendant, without registering a constructor, built the building in Seongdong-gu Seoul Metropolitan Government, which is a multi-family housing with a total floor area of 246.9 square meters.

Summary of Evidence

1. The protocol of interrogation of each police suspect against the accused and E;

1. Application of investigation reports, business registration certificates, construction registration certificates, construction business registration pocketbooks, details of reports on the commencement of construction, building permission, and field photographs-related Acts and subordinate statutes;

1. Article 96 of the relevant Act on criminal facts, subparagraph 3 of Article 96 of the Framework Act on the Construction Industry Selection (a point where a construction business registration certificate has been leased and a fine has been selected), Article 96 subparagraph 5 of the former Framework Act on the Construction Industry (amended by Act No. 14015, Feb. 3, 2016 and enforced August 4, 2016) and Article 41 (1) 2 (a) (a) of the former Framework Act on the Construction Industry (amended by Act No. 14015, Aug. 4, 2016) concerning the provision of a crime

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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