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(영문) 인천지방법원 부천지원 2017.11.08 2017고정934
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

1. A constructor shall perform construction works for a building prescribed by Presidential Decree, such as a school, hospital, etc., among buildings used by many people, among residential buildings with a total floor area exceeding 661 square meters, apartment houses under the Building Act among residential buildings with a total floor area not exceeding 661 square meters, residential buildings with a total floor area exceeding 495 square meters, non-residential buildings with a total floor area exceeding 495 square meters, and non-residential buildings with a total floor area not exceeding 495 square meters,

Nevertheless, on May 29, 2015, the Defendant newly constructed a multi-family house (multi-family house, shop, etc.) in three parcels, other than Kimpo-si, Kimpo-si, Kimpo-si on May 29, 2015, even if he is not a constructor.

2. No constructor shall receive a lease of a construction business registration certificate or construction business registration pocket book from a constructor who violates the Framework Act on the Construction Industry;

Nevertheless, on May 2015, the Defendant paid KRW 1 million in cash to a person who is unable to know his/her name at the construction site B at the Seocho-si Kimpo-si, Kimpo-si, and leased a report of commencement with the registration certificate of construction business in the name of C corporation.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a report on commencement, construction business registration, application for building permission, and report on change of construction participants;

1. Relevant Article of the Act on Criminal Facts, Subparag. 5 of Article 96 and Article 41(1) of the former Framework Act on the Construction Industry (wholly amended by Act No. 13469, Aug. 11, 2015; hereinafter the same shall apply), Article 96 Subparag. 3 and Article 21 of the former Framework Act on the Construction Industry (wholly amended by Act No. 13469, Aug. 11, 2015; hereinafter the same shall apply), the selection of fines for each of the following:

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) recognizes and reflects the Defendant’s mistake.

There is no record of the same crime.

(b) does not repeat.

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