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(영문) 청주지방법원 충주지원 2019.02.08 2018고단695
건설산업기본법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the owner of multi-family housing located in B in Chungcheongnam-si.

No person shall contract or perform construction works by lending the name or trade name of a constructor or lend his/her construction business registration certificate or construction business registration pocket book to another person.

Nevertheless, in September 2017, the Defendant borrowed the construction business registration certificate, construction business registration pocketbook, etc. of C Co., Ltd. and changed the construction participants of B B building in the name of the company.

[In light of the process of hearing, there is no substantial disadvantage to the defendant's exercise of his right to defense, so the "report on commencement of construction" in the facts charged is corrected as "report on change

(b) Construction works for the construction or substantial repair of any non-residential building, the total floor area of which exceeds 495 square meters, shall be performed by the constructor;

Nevertheless, from September 2017 to September 29, 2017, the Defendant, other than the constructor, constructed a building with a total floor area of 996.04 square meters at the construction site.

Summary of Evidence

1. Defendant's legal statement;

1. - An application for commencement report, - an application for a report on change of construction participants and approval for temporary use;

1. Investigation report (to attach a written opinion on case number 17-2335);

1. Application of Acts and subordinate statutes to investigation reports (verification of Article 41 of the Framework Act on the Construction Industry);

1. Article 96 Subparag. 3, Article 21(1) of the former Framework Act on the Construction Industry (wholly amended by Act No. 14708, Mar. 21, 2017); Article 96 Subparag. 5, and Article 41(1)3 of the former Framework Act on the Construction Industry (wholly amended by Act No. 15306, Dec. 26, 2017); and Article 96 Subparag. 5, and Article 41(1)3 of the former Framework Act on the Construction Industry (wholly amended by Act No. 15306, Dec. 26, 2017);

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

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