logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.10.06 2016고정1388
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the owner and the contractor of multi-family housing in B at both weeks.

1. No constructor who violates any prohibition against lending of a construction business registration certificate, etc. shall allow any third person to contract or perform construction works by using his/her name or trade name, nor lend his/her construction business registration certificate or construction business registration pocket book to any third person, and become the other party;

Nevertheless, on October 2015, the Defendant paid 1 million won to a person who is an employee of C (the State) at the construction site of a new welfare facility for the aged in the second time in the second time in Yangju-si, and leased the construction business registration certificate from the said company.

2. Construction works for the construction or substantial repair of any building prescribed by Presidential Decree, such as buildings for non-residential purposes, the total floor area of which does not exceed 495 square meters and which are used by many people, shall be constructed by constructors;

Nevertheless, the Defendant leased a construction business registration certificate as prescribed in paragraph (1) and extended the building for the elderly with the total floor area of 477.79 square meters from the end of October 2015 to December 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a copy of a commencement report, a copy of contract, and a construction business registration certificate;

1. Relevant legal provisions concerning criminal facts, subparagraph 3 of Article 96, Article 21 (1) of the Framework Act on the Construction Industry for the Selection of Punishment, and Article 96, subparagraph 5 of Article 96, and Article 41 (1) 4 of the Framework Act on the Construction Industry for the Selection of Fines;

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 of the provisional payment order;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

arrow