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(영문) 수원지방법원 2017.09.07 2017고정1821
건설산업기본법위반
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Defendant

A is a person who has installed a type 2 neighborhood living facility with a total floor area of 716 square meters in e.g. B in e.

1. Construction works concerning the construction or substantial repair of a building with a total floor area exceeding 495 square meters, other than residential buildings of a constructor for construction works, shall be performed by the constructor;

Notwithstanding that the Defendant is not a constructor registered with the Minister of Construction and Transportation, from November 21, 2016, the Defendant installed a facility (multi-family house and neighboring residential facilities) with the total floor area of 716 square meters (the building area of 242.4 square meters) on the B from the date of ignsung-si from November 21, 2016.

2. No person who lends a construction business registration certificate, etc. shall 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;

Nevertheless, while carrying out the new construction of the building as mentioned in the preceding paragraph, the Defendant reported the commencement of construction by leasing the construction business registration certificate, construction business registration pocket book, etc. of the "Tru comprehensive Construction Co., Ltd." due to the arrangement of the Buddhist boxes who are the brobeers

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol concerning the examination of suspect C by the police; and

1. Application of all construction-related documents, such as an application for building permission;

1. Subparagraph 3 of Article 96 of the Framework Act on the Construction Industry (referring to the following points, such as a certificate of registration of construction business), Article 21 (1) (referring to the following points, such as a certificate of registration of construction business), subparagraph 5 of Article 96, and Article 41 (1) 2 (referring to the violation of restrictions on constructors of construction works);

1. Selection of punishment: Selection of a fine;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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