logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2017.06.08 2017고단733
건설산업기본법위반
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall borrow a construction business registration certificate or construction business registration pocket book of another constructor, perform construction works by using his/her name or trade name, and any construction works for constructing residential collective housing of which the total floor area is not more than 661 square meters shall be conducted by the constructor.

Nevertheless, on November 2014, the Defendant: (a) lent documents related to the construction business registration certificate, etc. in the name of Youngcheon Construction Co., Ltd. and reported the commencement of construction around December 3, 2014, and (b) constructed multi-family housing of the total floor area of 582.45 square meters in the same place; and (c) multi-family housing of the total floor area of 665 square meters in E, respectively, at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on a copy of each commencement report, a copy of standard contract for private construction works, a construction business registration certificate, and a construction business registration pocket book;

1. Relevant Article of the Construction Industry Act, subparagraph 3 of Article 96 of the Framework Act on the Selection of Punishment, Article 21 (1) (a point of borrowing a registration certificate, etc. of construction business), Article 96 subparagraph 5 of the Framework Act on the Construction Industry, and Article 41 (1) 2 (a) of the Framework Act on the Construction Industry, and the selection of fines for crimes;

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 sentencing of Article 334(1) of the Criminal Procedure Act is against the defendant, except once a fine, the defendant has no previous conviction, the size of the construction, the situation before and after the crime, etc. shall be determined as ordered by the order.

arrow