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(영문) 수원지방법원 안양지원 2017.12.21 2017고정734
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Construction works of collective housing with a total floor area not exceeding 661 square meters due to a violation of the Framework Act on the Construction Industry by a constructor of construction works shall be conducted by the constructor;

Despite the fact that the Defendant is not a constructor, around July 25, 2013, the Defendant newly built the apartment house with the total floor area of 532.34 square meters in Guro-gu Seoul Metropolitan Government.

2. No person who violates the Framework Act on the Construction Industry due to lease of a construction business registration certificate, etc. shall receive a contract for or execute construction works by using the name or trade name of another constructor or lend a construction business registration certificate or construction business registration pocket book;

Nevertheless, around July 2013, the Defendant borrowed a construction business registration certificate, etc. of E through D from employees whose name is unknown at the site of the above new construction project site, and newly constructed the above buildings using the above trade name.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report (a report accompanied by a construction registration certificate or a copy of a construction registration pocketbook);

1. Investigation reports (to attach a report on construction permission, a report on commencement of construction, or a copy of standard contract for private construction works);

1. Investigation report (Attachment to a copy of the representative decision of the E-stock company);

1. Application of Acts and subordinate statutes to investigation reports (project owner G and telephone communications);

1. Article 96 Subparag. 3, Article 21, Article 96 Subparag. 5, and Article 41 of the former Framework Act on the Construction Industry (Amended by Act No. 12580, May 14, 201); the selection of fines for criminal facts;

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;

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