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(영문) 수원지방법원 2018.07.19 2018고정1019
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No 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, and no person shall become the other party thereto.

However, on July 2016, the Defendant paid KRW 3 million to a person who has no name, and reported the commencement of construction work to Osan-si C by lending the construction business registration certificate of B corporation which is a constructor and the construction business registration pocket book.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the commencement report, construction business registration certificate, contract contract, and on-site transfer;

1. Relevant Article of the Act and Articles 96 subparagraph 3 and 21 (1) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017) on criminal facts;

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 provides that the defendant does not have any criminal record identical to that of the defendant in sentencing, and since the defendant's construction business license is not required, the construction business license is not required. Thus, the construction business registration certificate was lent to the principal after changing the contractor to the principal.

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