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(영문) 수원지방법원 2017.09.19 2017고단3993
건설산업기본법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant, upon receiving an investment from the branch of the Defendant and the Defendant’s family members and investors in the nine names of each of each of each nine units in Pakistan-si, D, E, F, G, H, I, J, and K, with intent to construct a total of nine unit housing units with nine units, respectively.

1. No person shall lend a construction business registration certificate or construction business registration pocket book from a person who violates the Framework Act on the Construction Industry which prohibits lending a construction business registration certificate, etc.;

Nevertheless, in order to report the commencement of construction works of the above multi-family housing at the office located in the first place in the police station in early December 2016, the Defendant leased the construction business registration certificate, construction business registration pocket book, etc. of 'Tun General Construction Co., Ltd.' to 'Tun General Construction Co., Ltd.' to KRW 9 million per site in total, in order to report the commencement of construction works of the above multi-family housing.

2. Violation of the Framework Act on the Construction Industry which restricts a construction contractor;

(a) Construction works for construction or substantial repair of a residential building, the total floor area of which exceeds 661 square meters, shall be performed by a constructor;

Despite the fact that the Defendant is not a constructor registered with the Minister of Construction and Transportation, the Defendant: (a) around December 2016, 2016, and from March 3, 2017, leased a construction business registration certificate, etc. of Taeju General Construction, etc., and (b) completed the construction of multi-family housing, which is a residential building with a total floor area of 1252.94 square meters, E, 719.17 square meters, F, 763.54 square meters, 763.54 square meters in G, 784.27 square meters in H, 1837 square meters in size, 837 square meters in J, 837 square meters in size, and 837.32 square meters in K.

(b) Construction works concerning construction or substantial repair of multi-family housing under the Building Act shall be performed by a constructor for a residential building with a total floor area of not more than 661§³;

Notwithstanding that the Defendant is not a constructor registered with the Minister of Construction and Transportation, the Defendant was a residential building with a total floor area of 56.4 square meters in Da at the time of Pakistan by leasing a construction business registration certificate, etc. from the mid-2016 to the Haman on March 2017, 2017.

3. A building on which a criminal defendant violating the national technical qualification intends to build shall have an underground floor.

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