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(영문) 서울북부지방법원 2017.06.22 2016고단3484
건설산업기본법위반
Text

Defendant

A In six months of imprisonment, Defendant B shall be punished by a fine of five million won, Defendant C shall be punished by a fine of three million won, and Defendant D shall be punished by a fine of three million won.

Reasons

Punishment of the crime

[Defendant B] On October 23, 2015, on the 30th of the same month, he was sentenced to a suspended sentence of two years for embezzlement to the Seoul Northern District Court on August 23, 2015, and the judgment became final and conclusive.

Defendant

D On July 15, 2016, the High Government District Court was sentenced to imprisonment with prison labor for six months as a crime of fraud, and the judgment was finalized on the 23th of the same month.

【Defendant A is the representative of E Co., Ltd.; Defendant B is the owner of the new building located in K located in Nam-si; Defendant C is the owner of the new construction of LA at Nam-si; Defendant D is the owner of the new construction of the building; and Defendant D is the person who mediates the construction license lending as a constructor.

1. No defendant A constructor shall allow any third person to contract or perform construction works by using his/her name or trade name, or lend his/her construction business registration certificate or construction business registration pocket book to any third person;

Nevertheless, on July 10, 2015, the Defendant had the owner B, who was introduced from D, a hub for a construction license, perform construction works using the trade name of E company represented by the Defendant, on condition that the construction cost is 10%. ② On December 21, 2015, the Defendant had the owner C, who was introduced from D, perform construction works using the trade name of E company represented by the Defendant, on condition that the construction cost is 10%.

2. No defendant B shall allow another person to contract or perform construction works by using his/her name or trade name, or lend his/her construction business registration certificate or construction business registration pocket book to another person, and no person shall become the other party or arrange for the other party;

Nevertheless, around July 10, 2015, the Defendant leased the trade name of E Co., Ltd., as described in the foregoing paragraph 1, to use it at the site of the new construction of “M” located in K at his/her subordinate city.

3. The defendant C constructor shall have another person receive a supply of or execute construction works by using his name or trade name.

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