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(영문) 제주지방법원 2016.12.16 2016고단1987
건설산업기본법위반
Text

Defendant

A shall be punished by a fine of 5,00,000 won, by imprisonment with prison labor of 6 months, and by a fine of 3,00,000 won.

Reasons

Punishment of the crime

No person who intends to conduct construction business shall register with the Minister of Land, Infrastructure and Transport by type of business, and no constructor shall allow any third person to receive a contract for or perform construction works 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,

Defendant

A is a non-registered constructor who carries on construction business under the name of F, Defendant B is an actual operator of H in the Jeju City, and Defendant C is an employee of the General Building Office I.

Defendant

A, on January 24, 2015, without registering the construction business to the Minister of Land, Infrastructure and Transport, and the owner J awarded a contract for L new construction works (except for KL construction works) located in K and one parcel of land at KRW 300 million, but a certificate of registration of construction business was required to the competent authority to implement necessary procedures, such as reporting construction, etc.

Accordingly, around April 2015, Defendant C, who was in friendship with Defendant A, introduced Defendant B, the actual operator of H, a corporation, to lend the construction business license to Defendant A and the owner J at the site of the foregoing L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type

As a result, Defendant A did not register the construction business with the competent authority and performed the construction business by lending the above pent Corporation H’s trade name to Defendant B, and Defendant B had Defendant A receive and perform the above pent Corporation’s new construction business using H trade name. Defendant C had Defendant C receive and perform the above pent Corporation’s new construction business.

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