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(영문) 서울중앙지방법원 2017.09.12 2017고정1982
건설산업기본법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a constructor of multi-family housing newly built in Chungcheongnam-gu, Chungcheongnam-gu. B.

1. 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;

Nevertheless, on July 2016, the Defendant paid KRW 5,00,000 to the employees of (hereinafter referred to as “non-standing”) C at a construction site located in Seosan-si, Seonam-si (hereinafter referred to as “C”) and lent (registration number : D) C registration certificate to the Defendant.

2. An apartment house which is a residential building with a total floor area of not more than 661 square meters, shall be built by the constructor for a violation of restrictions imposed on the contractor of construction works;

Nevertheless, the Defendant leased the construction business registration certificate as described in paragraph 1 and constructed multi-family housing with the total floor area of 635.936 square meters from the end of July 2016 to the end of February 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

1. Application of Acts and subordinate statutes to contract contracts, etc., case forwarding records, and summary data of national land traffic response;

1. Article 96 of the relevant Act on criminal facts, subparagraph 3 of Article 96 of the Framework Act on the Construction Industry Selection of Punishment, Article 21 (Violation of Prohibition against Lending a Construction Business Registration Certificate), subparagraph 5 of Article 96 of the Framework Act on the Construction Industry, Article 41 (Violation of Prohibition against Lending a Construction Business Registration Certificate), and 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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