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(영문) 수원지방법원 안산지원 2018.03.16 2018고단235
건설산업기본법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the owner who constructed a building for the purpose of multi-family housing in B when he is in harmony.

No person shall receive a contract for or execute construction works by using the name or trade name of a constructor or lend a construction business registration certificate or construction business registration pocket book.

Nevertheless, at the end of March, 2017, the Defendant, at the time of constructing a building for multi-family housing at the time of the end of March, 2017, paid KRW 500,000 to a person who is unable to know the name of arranging the lending of a construction business registration certificate, construction business pocket book, etc. in the process of constructing a building for multi-family housing, and borrowed a copy of the construction business registration certificate and standard contract for private construction works from the representative D of “C (State) which is a constructor who is necessary for reporting the commencement of construction works through

3. 31. A report on commencement was filed at the time of its compatibility.

Accordingly, the Defendant leased the construction business registration certificate to the C Co., Ltd. and constructed the building.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect in D case;

1. Submission of requested data (current status of reports on commencement of construction works);

1. A certificate of completion of the commencement report;

1. Application of the statutes on standard contract for construction works;

1. Relevant legal provisions concerning criminal facts and Articles 96 subparag. 3 and 21 of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017) (see, e.g., Articles 96 and 96 subparag. 3 and 21 of the same Act (see, e., Supreme Court Decision 2009Da14708, Mar. 21, 201) (see, e.g

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., the facts charged and the fact that there is no record of punishment exceeding a fine);

1. It is so decided as per Disposition on the grounds of not less than Article 62-2 of the Criminal Act (i.e., the fact that a new apartment house was built and sold by paying a low price and lending a comprehensive construction business license, etc.).

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