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(영문) 수원지방법원 성남지원 2017.03.08 2016고단4054
건설산업기본법위반
Text

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

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

Reasons

Punishment of the crime

No person shall borrow a construction business registration certificate or construction business registration pocket book of another constructor, perform construction works by using his/her name or trade name, and any construction works for constructing residential buildings the total floor area of which exceeds 661 square meters shall be conducted by the constructor.

Nevertheless, on November 2014, the Defendant lent the relevant documents, such as the construction business registration certificate, etc. in the name of the Dispute Resolution Co., Ltd. which is necessary to report the commencement of construction, and filed a report on each commencement of construction in the name of the Dispute Resolution Co., Ltd. on November 7, 2014, and constructed multi-family housing (project owner D) with the total floor area of 793.6 square meters in the same place, and multi-family housing (project owner F) with the total floor area of 796.76 square meters in E in the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of each report on commencement, or a copy of standard contract for private construction works;

1. Application of Acts and subordinate statutes to each construction business registration certificate and each construction business registration certificate;

1. Article 96 subparagraph 3 of the relevant Act and Article 96 and Article 21 (1) of the Framework Act on the Construction Industry (a point of borrowing a construction business registration certificate and a construction business registration pocketbook), Article 96 subparagraph 5 of the Framework Act on the Construction Industry, and Article 41 (1) of the Framework Act on the Construction Industry concerning facts constituting a crime, the selection of fines;

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

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

1. The lending of the name of a construction business registered for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, under the circumstances unfavorable to a criminal who has a great harm to society by impairing the order of the construction business community and causing problems such as defective execution, etc., shall be taken into account in favor of the project owner and the defendant, and the relationship between the project owner and the defendant shall be taken into account in a favorable manner. The sentence shall be determined as ordered in consideration of the balance

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