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(영문) 의정부지방법원 고양지원 2018.10.18 2018고단1749
건설산업기본법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall receive a contract for or execute construction works by using the name or trade name of a constructor or lend a construction business registration certificate or construction business registration pocket book.

Nevertheless, the Defendant decided to directly execute three Dongs of multi-family housing units on the land in Yongsan-gu, Yongsan-gu, Incheon Metropolitan City E site with his own name and land owner D, and decided to reduce the construction cost due to the relation that the above construction qualification is restricted to the registered constructor, and to borrow the name of the constructor, and to make a report on the commencement of construction with a license of the Fund in the Dispute Resolution Co., Ltd., and to change the Si construction work.

Accordingly, around April 14, 2017, the Defendant: (a) made a false construction contract with a broker in the construction site at the above construction site to pay KRW 2 million in cash; (b) made a false construction contract with a contractor; (c) completed all documents, such as a construction business registration certificate and a copy of the registration pocket book of the bank in charge of the settlement of accounts; (d) filed a report on the change of the construction participant with the contractor with the company in charge of the settlement of accounts with the company in charge of the settlement of accounts; and (e) submitted a report on the change of the construction participant to the company in charge of the settlement of accounts with the company in charge of the settlement of accounts with the constructor, from April 14, 2017 to October 30, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of the police officer regarding I;

1. Transmission of related data of consulting companies registered for a construction business, the current status of reporting on commencement, details of reporting on industrial accident insurance of the Labor Welfare Corporation, and matters permitted for construction works;

1. Application of Acts and subordinate statutes on construction reports, applications for approval for temporary use, reports on change of construction participants, applications for permission for change of use of large-scale repair of construction works, construction business registration certificates, business registration pocketbooks, and standard contract contracts for private construction works;

1. Relevant Article of the Act on Criminal Proceeds, Subparagraph 2 of Article 95-2 of the Framework Act on the Construction Industry and Article 21 (2) of the same Act, the selection of punishment for imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order of community service;

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