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(영문) 부산지방법원 2018.10.29 2018고정1490
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the building business and is the actual contractor of the living facilities ( church) in the second class neighborhood in Busan High-gu B.

No person shall contract or perform construction works by using the name or trade name of a constructor or lend a construction business registration certificate or construction business registration pocket book.

Nevertheless, on December 2016, the Defendant reported the commencement of construction work with one million won in cash on the street in front of the thought-gu in Busan, Busan, and by lending C Co., Ltd. construction business registration certificate and construction business registration pocket book, etc. to this company.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes to a commencement report;

1. Article 96 Subparag. 3 and Article 21(1) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017) on criminal facts

2. Selection of an alternative fine for punishment;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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