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(영문) 서울남부지방법원 2018.02.02 2016고정2389
건설산업기본법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. No constructor shall allow another person to execute construction works or execute construction works by using his/her name or trade name, or lend his/her construction business registration certificate or construction business registration pocket book to another person, and no one shall become the other party;

Nevertheless, from June 22, 2015 to March 15, 2016, the Defendant newly built the Seodaemun-gu Seoul Metropolitan Government Multi-household Housing in the name of the company B.

2. On June 22, 2015, the Defendant, on the third and third floor of Seodaemun-gu Seoul Metropolitan Government, stated “Seomun-gu Multi-household Construction Corporation E Multi-household Construction Corporation, contractor F representative G, and Signatory A” as “Seoul Yongsan-gu building I and J” in the order order column of the standard contract for private construction work. On April 2016, the Defendant, upon filing an application for provisional attachment of the foregoing building based on the claim for the payment of the construction cost, filed an application for provisional attachment of the foregoing building with the Seoul Seo-gu Seoul Western District Court, and exercised it without authority for the purpose of submitting the completion of the contract as if it was normally prepared, forged the standard contract for private construction contract under the name of J, a private document concerning the rights and obligations, and exercised it.

Summary of Evidence

[Judgment No. 1]

1. Statement by the defendant in court;

1. Each legal statement of the witness J, K, L and M;

1. Standard contract for private construction works (2) ;

1. Each legal statement of the witness J, K and L;

1. Statement made by the police with respect to the N;

1. Standard contract for private construction works in the name of the F Stock Company;

1. The Defendant asserts that real estate provisional attachment, a certified copy of the registry, a copy of the business registration certificate, a copy of the original copy of the contract, and the message details [the Defendant] was not forged because the standard contract for private construction works under the name of FF Co., Ltd. (hereinafter “F contract”).

In light of the evidence duly adopted and examined by this Court, the Defendant and J, as the Dong Chang-gu History at Middle School, was around July 3, 2015, when the first construction was commenced.

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