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(영문) 의정부지방법원 고양지원 2019.09.19 2019고단1163
건설산업기본법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

No one shall borrow a construction business registration certificate or construction business registration pocket book from another constructor, or perform any construction works using his/her name or trade name, and any construction works for constructing residential buildings the total floor area of which exceeds 661m2, or for constructing residential multi-family housing the total floor area of which is not more than 661m2 shall be performed by a constructor.

1. The Defendant is a contractor of multi-family housing newly built in the Handong-gu, Manyang-si B and C in the Goyang-si, Goyang-si.

On September 28, 2017, the Defendant paid 3 million won in cash to a person with poor name, notwithstanding that he/she is not a constructor, and submitted a report on commencement of construction to the competent administrative agency as if he/she actually performed the construction business registration certificate, etc. of (ju)D, and submitted a report on commencement of construction to the competent administrative agency as if he/she was performing the construction business registration certificate of (ju) D.

Accordingly, even if the defendant is not a constructor, he lent a construction business registration certificate to another constructor.

2. The Defendant is a contractor of multi-family housing newly built in Gyeyang-gu E, F, and G in Yangyang-gu, Yangyang-gu.

On October 25, 2017, the Defendant paid 3 million won in cash to a person with poor name, notwithstanding that he/she is not a constructor, and submitted a report on commencement of construction work to the competent administrative agency as if he/she actually performed the construction business registration certificate, etc. of (ju)D, and completed construction of multi-family housing with a total floor area of 49.6 square meters, 52 square meters, 760.58 square meters on the said land.

Accordingly, even if the defendant is not a constructor, he lent a construction business registration certificate to another constructor.

3. The Defendant is a contractor of multi-family housing newly built in Soyang-gu H and I in Yangyang-gu, Yangyang-gu, Yangyang-gu, H and I.

The Defendant is on October 25, 2017.

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