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(영문) 수원지방법원 2019.09.06 2019고정145
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant and B are those entrusted with the construction of multi-family housing by E, a real owner of multi-family housing constructed in the name of D on the land located in Eunpyeong-gu Seoul Metropolitan Government.

No constructor shall allow another person to contract or perform construction works by using his/her name or trade name or lend his/her construction business registration certificate or construction business registration pocket book to another person, and no person shall allow another person to contract or perform construction works by using his/her name or trade name or become the other party to a constructor who lends his/her construction business registration certificate or construction business registration pocket book

Nevertheless, around March 29, 2016, the Defendant and B issued a construction site of multi-family housing in Eunpyeong-gu Seoul Metropolitan Government, and issued a construction business registration certificate in the name of G (ju) and a construction business registration pocket book necessary for the commencement report.

Around June 20, 2016, the Defendant and B filed a report on the commencement of construction of multi-family housing with a total floor area of 128 square meters on the land located in Eunpyeong-gu Seoul Metropolitan Government, along with the construction business registration certificate and construction business registration pocket book in Eunpyeong-gu Office in Eunpyeong-gu, Seoul.

Accordingly, the defendant, in collusion with B, executed construction works and borrowed a construction business registration certificate or construction business registration pocket book using the trade name of G (ju) which is a constructor.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Police suspect interrogation protocol regarding E;

1. Each police statement made to H and I;

1. A construction business registration certificate, and a construction business pocket book;

1. Standard contract form for private construction works, contract form, standard contract form for building design (entrustment), construction-type subcontract form, J multi-household contract form, confirmation certificate, performance note, certificate of confirmation, investigation report (data attachment, remittance certificate), investigation report (K telephone conversations for reference), investigation report (data submission).

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