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(영문) 서울동부지방법원 2014.10.01 2014고단2429
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 10,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A is a constructor who operates the said company as the representative director of B Co., Ltd. (formerly: C Co.) that completed the registration of construction business.

No constructor shall allow another person to perform construction works by using his/her name or trade name or lend his/her construction business registration certificate to another person.

Nevertheless, around October 23, 2012, the Defendant had each other perform the construction work using the trade name of C in total 164 times from July 6, 2012 to January 15, 2013, as shown in the separate crime list, with respect to the new housing construction work on land outside D and seven parcels of land, the Defendant received KRW 1 million from the contractor and used the trade name of C Co., Ltd. to perform the said construction work.

2. Defendant B Co., Ltd. (formerly, C Co., Ltd.) is a corporation established for the purpose of civil engineering, construction work, etc. and completed registration of construction business.

At the above time and place, A, a representative director, had each other perform construction works using the trade name of C Co., Ltd. over a total of 164 times in connection with the Defendant’s business.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A written statement of G and H prepared;

1. A written accusation for the preparation of the Gyeonggi-do Council of the Korea Construction Association;

1. Each investigation report;

1. Application of Acts and subordinate statutes to each report on commencement of construction works, a copy of the current status of the report on commencement of construction works in Gyeonggi-do in the second half of the year of 2012, a copy of the certificate of possession of the technician as of December 31, 12 of C Co.

1. Defendant A of the pertinent legal provision on criminal facts: Each company of Defendant A of the Framework Act on the Construction Industry under subparagraph 3 of Article 96 and Article 21(1) (Selection of Fines): Articles 98(2), 96 subparag. 3, and 21(1) of the Framework Act on the Construction Industry;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant A of detention in a workhouse: Article 70(1) of the Criminal Act.

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