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(영문) 서울중앙지방법원 2016.07.06 2016고정1035
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. No person 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;

Defendant

A is the owner of the construction for the interest of the building in Seoul Special Metropolitan City, Gwanak-gu and D, and around August 3, 2015, paid 2,000,000 won to the construction staff (fluor) in the same construction site and lent the registration certificate for the comprehensive construction business.

2. A constructor shall construct multi-family housing which is a residential building with a total floor area of at least 661 square meters and less than 61 square meters in violation of restrictions imposed on a constructor;

Nevertheless, Defendant A leased a construction business registration certificate as described in the facts constituting a crime in paragraph (1) and constructed two residential apartment units with a total floor area of 281.82m2 and 281.82m2m2, respectively, located in Gwanak-gu in Seoul Special Metropolitan City from August 7, 2015 to December 8 of the same year, even though Defendant A is not a constructor.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on commencement, standard contract, and field agent system;

1. Application of Acts and subordinate statutes to investigation reports (such as copies of a certificate of construction business registration);

1. Relevant legal provisions and subparagraph 3 of Article 96 of the Framework Act on the Construction Industry (a point of lending a certificate of registration of construction business), subparagraph 5 of Article 96 and Article 41 (1) 2 of the same Act concerning facts constituting an offense, the 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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