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(영문) 수원지방법원 성남지원 2017.05.17 2017고단526
건설산업기본법위반
Text

Defendant

A A shall be punished by a fine of 6 million won, by imprisonment with prison labor for six months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A is the owner and contractor of multi-family housing which is a residential building of the fourth floor size in Gwangju City, etc.

(a) No person who violates the prohibition against lending a construction business registration certificate, etc. shall perform 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;

On February 2, 2016, the Defendant paid 5 million won in cash to employees in the construction site of multi-family housing, which is a residential building near Gwangju City, to employees in the construction site of multi-family housing, which is a residential building in the vicinity of Gwangju City, in relation to the construction of multi-family housing, Gwangju City and E, and leased D's construction business registration certificate (F).

(b) Construction works related to the construction or substantial repair of a building corresponding to collective housing which is a residential building, the total floor area of which does not exceed 661 square meters, shall be performed by a constructor;

Notwithstanding the fact that the Defendant is not a constructor from February 18, 2016 to July 2016, the Defendant constructed and constructed multi-family housing, which is a residential building with the total floor area of 532.72 square meters in Gwangju City and E, with the lease of construction business registration certificate as referred to in subparagraph 1(a).

2. Defendant B is a constructor of multi-family housing who is a residential building with the fourth floor size located in Gwangju City G, etc.

(a) No person who violates the prohibition against lending a construction business registration certificate, etc. shall perform 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;

On February 18, 2016, the Defendant paid 24 million won in cash in relation to the construction of apartment houses, which are residential buildings near Gwangju City, to employees in the construction site of apartment houses, which are apartment buildings located near Gwangju City, and leased D’s construction registration certificate to employees in relation to the construction of apartment houses, G, H, I, J, K, and I, and L.

(b) Residence in which the total floor area does not exceed 661 square meters, which is the result of the contractor’s breach of restrictions.

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