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(영문) 인천지방법원 부천지원 2017.05.18 2017고단787
건설산업기본법위반
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of ten million won, respectively.

However, the defendant A.

Reasons

Punishment of the crime

1. Defendant A, as the representative director of Defendant B Co., Ltd. on the construction business chain without a construction business license, is a person operating the said company. On November 2016, 2016, the construction work site of apartment houses E and 1 parcel of land (the total floor area of 926.36mm2) located outside Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and the construction work of the said apartment buildings with a total floor area exceeding 661m2 using the said F Co., Ltd.’s trade name from November 27 to February 27, 2017, Defendant A paid a rental fee of KRW 5 million through a nameless box, who is a hub for a construction business license loan.

2. Defendant B Co., Ltd. committed each of the offenses as described in paragraph (1) against Defendant A, the representative director of the Defendant, at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning interrogation of the police officer in relation to G (list 3);

1. The current status of the commencement report (list 1), the construction business registration certificate (Evidence 32 pages) of documents on the commencement report, and the application of Acts and subordinate statutes of the corporate registry (List 2), a certified copy of the corporate registry (List 6);

1. Relevant law, defendant A's choice of punishment for a crime: Article 96 subparagraph 3 of the Framework Act on the Construction Industry, Article 21 (1) (lease of a certificate of registration for construction business), Article 96 subparagraph 5 of the Framework Act on the Construction Industry, Article 41 (1) 1 (non-construction), and Article 98 (2), Article 96 subparagraph 3 of the Framework Act on the Construction Industry, Article 21 (1) of the Framework Act on the Construction Industry, and Article 98 (2), Article 96 subparagraph 3, and Article 21 (2), Article 96 subparagraph 5, and Article 41 (1) 1 (non-construction) of the Framework Act on the Construction Industry;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. The observation of protection, the community service order defendant A: Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection;

1. Defendant B Co., Ltd.: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act (Defendant A).

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