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(영문) 수원지방법원 안산지원 2018.10.24 2018고단2988
건설산업기본법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a project owner who constructed a building for urban-type residential housing (studio-type) on the site located in Ansan-si, Ansan-si.

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, on May 19, 2017, the Defendant is unable to obtain approval for use in the construction name due to the reason that he/she was unable to obtain a license from the Dispute Settlement Bank Co., Ltd. in the process of constructing one building building for the purpose of urban-type residential housing and reported the commencement of the construction project. For the purpose of approval for use, the Defendant paid 100,000 won to a person who is unable to know his/her name to arrange the loan of the construction business registration certificate of the Dispute Settlement Bank Co., Ltd. under the name of the above company registration certificate, etc., and applied for permission for the alteration of use of construction large-scale construction by borrowing a copy, etc. of the construction registration certificate of the Dispute Settlement Bank Co., Ltd. which is a constructor necessary for reporting the use through a person who is not aware of the above name, and applied for permission for the alteration of use

Accordingly, the defendant constructed one building by lending the construction business registration certificate of the LABD.

Summary of Evidence

1. Statement by the defendant in court;

1. Documents related to D license lending (application for approval for use, construction business registration certificate, and construction business registration pocket book);

1. The application of the statutes on the sending of materials related to companies suspected of lending construction registration and the reply materials requesting cooperation in investigation;

1. Relevant legal provisions and Articles 96 Subparag. 3 and 21(2) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017); selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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