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(영문) 대전지방법원 2018.12.14 2018고정720
건설산업기본법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 20,00,000, and by a fine of KRW 30,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

No constructor shall allow any third person to perform construction works by using his/her name or trade name, nor lend his/her construction business registration certificate or construction business registration pocket book to any third person, or mediate any act prohibited therefrom.

On November 25, 2015, the Defendants conspired with the vice-party land owners to receive KRW 5,500,000 from the owner G (the construction site: the former North Korean office H) from the F architect in the North Korean office E on November 25, 2015, and arranged the act of lending the I construction business registration certificate, construction business registration pocket book, etc. necessary for reporting the commencement of construction, and arranged the act of lending the construction business registration certificate and construction business registration pocket book at least 65 times in total from around that time to March 2017, as shown in the list of crimes in the attached Table.

As a result, the Defendants conspired to lend a construction business registration certificate or a construction business registration pocketbook to others.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to field photographs, A office and the site photographs of seized articles, copies of passbook B to the National Bank, and copies of officetels charter contracts;

1. The Defendants: Article 6 of the Addenda to the Framework Act on the Construction Industry (amended by Act No. 14708, Mar. 21, 2017); Articles 96 Subparag. 3, 21(2), and 21(1) of the former Framework Act on the Construction Industry (amended by Act No. 14708, Mar. 21, 2017); Article 30 of the Criminal Act (comprehensive selection of fines)

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Confiscation Defendant A: Article 48(1)1 of the Criminal Act (a) of the Criminal Act provides that the Defendants are engaged in the business of arranging acts of lending a construction business registration certificate or construction business registration pocket book and did not engage in any business other than the above brokerage business (the Defendants’ statement in the first trial protocol). Defendant B intends to use the amount seized at the time of investigation by an investigative agency for the purpose of paying the license fee or using it for related purposes.

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