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(영문) 의정부지방법원 2017.09.06 2017고단2403
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 20,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a contractor who performs a construction work for interest on a collective housing owner located in D and one parcel of multi-family housing in Namyang-si, ② multi-family housing located in E (project owner F) in Namyang-si, ③ multi-family housing located in G (project owner H) in Namyang-si, ④ multi-family housing located in I (project owner J) in Namyang-si, ⑤ multi-family housing located in K in Southern-si, Namyang-si.

1. No person who violates the Framework Act on the Construction Industry (referring to any violation of 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 a construction business registration pocket book;

On March 23, 2016, the Defendant paid a total of KRW 10 million per unit of 2 million to a person who is an employee of M, a stock company, in front of the G construction site in Namyang-si, Namyang-si, and leased the construction business registration certificate, etc. of the above company, and reported the commencement of construction to the above 1 to 1 to 20 million.

2. Construction works of multi-family housing, the total floor area of which does not exceed 661 square meters, shall be performed by the constructor for a construction work of multi-family housing in violation of the Framework Act on the Construction Industry;

Even if the Defendant is not a registered constructor, from September 26, 2016 to March 8, 2017, the Defendant constructed the total floor area of 627.54 square meters in the area of 1 parcel outside of D in Nam-si, Namyang-si, ② the total area of 612.36 square meters in E in Namyang-si, ③ the total area of 65.67 square meters in Nam-si, ④ the total area of 64.14 square meters in Namyang-si, ④ the total area of 605.91 square meters in Nam-si, ④ the total area of 64.14 square meters in Nam-si, ④ the total area of 605.91 square meters in Nam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Documents available for inspection of the case transfer;

1. Current status of the disabled A project;

1. Application of Acts and subordinate statutes to each report on commencement of construction works and copies of standard contract for private construction works;

1. Subparagraph 3 of Article 96 of the Framework Act on the Construction Industry for a crime, and Article 21 (1) (a violation of prohibition of lending a construction business registration certificate, etc.) and subparagraph 5 of Article 96 of the same Act;

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