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(영문) 서울중앙지방법원 2015.02.05 2014고단9305
건설산업기본법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person registered as the representative director of the F Stock Company, and G is a person who operates a construction business registration lending business.

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.

Nevertheless, in collusion with G, the Defendant received a request from an unregistered constructor whose name is unknown on August 23, 2012 to lend the construction business registration certificate necessary for the construction business to a multi-family housing newly constructed in Bupyeong-gu Incheon Bupyeong-gu, Incheon, and then borrowed the unregistered construction business registration name to the unregistered construction business owner at least 41 times in total from March 9, 2011 to August 23, 2012, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Copies of each police interrogation protocol against I, J, or K;

1. Application of the Acts and subordinate statutes on a copy of the police statement concerning L/M;

1. Article 96 Subparag. 4 and Article 21 of the former Framework Act on the Construction Industry (amended by Act No. 10719, May 24, 201; and enforced November 25, 201); Article 30 of the Criminal Act (amended by Act No. 12012, Aug. 6, 201); Article 96 Subparag. 3 and Article 21 of the former Framework Act on the Construction Industry (amended by Act No. 12012, Feb. 7, 2014); Article 30 of the Criminal Act (amended by Act No. 1071, May 24, 201; 25 through 41); each choice of imprisonment, etc.

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

3. The fact that the defendant, who is not subject to the sentencing guidelines under Article 62(1) of the Criminal Act, led to the confession of the crime and the mistake, and the relation with G, who is the birth dong-dong-dong-dong-dong-dong-dong, was involved in the crime of this case, and the person who led the crime is G.

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