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(영문) 인천지방법원 부천지원 2016.11.29 2016고단2736
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

The Defendant is an actual owner and a contractor of multi-family housing (4 floors used as a house, total floor area of 498.32 square meters, and four floors used as a house) located outside Dongjak-gu Seoul Metropolitan Government, and is not a constructor. Around June 2015, the Defendant paid 2 million won to a new construction site of the said multi-family housing, and lent a construction business registration certificate and construction business registration pocketbook under the name of another constructor, which is another constructor. From around that time to October 2016, the Defendant conducted construction work of the said multi-family housing with a total floor area of less than 661 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of the police against D (list 5);

1. Application of Acts and subordinate statutes to all the construction permit documents (list 3);

1. Article 96 Subparag. 3 and Article 21(1) of the Framework Act on the Construction Industry (loan of a construction business registration certificate and a registration pocketbook), Article 96 Subparag. 5 and Article 41(1)2 of the Framework Act on the Construction Industry concerning criminal facts;

on March 17, 2016, in relation to the construction works of multi-family housing by lending a construction business registration certificate or registration pocket book of another constructor in the vicinity of the above place on August 2015 (construction works without a construction business license), each of which is subject to a fine of KRW 5 million (no criminal records except for a previous offense of a fine of KRW 5 million).

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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