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(영문) 서울서부지방법원 2017.12.20 2017고단3278
건설산업기본법위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A

(a) No person shall 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 March 2015, the Defendant paid 200,000,000 won to a person who is an employee of E Co., Ltd. (hereinafter “E”) at a place where the location of light is unknown and was leased E’s construction business registration certificate and construction business registration pocket book.

(b) A constructor shall construct multi-family housing with a total floor area of not more than 661§³;

However, even if the Defendant is not a constructor, from March 10, 2015, the Defendant constructed a residential apartment house of the total floor area of 601m2 from Eunpyeong-gu Seoul Metropolitan Government F.

2. A project owner who intends to commence construction works for a joint crime building by the Defendants shall report a construction plan to the permitting authority, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and shall not file a false report or application.

Nevertheless, on March 10, 2015, the Defendants conspired and filed a report on the commencement of the construction of the residential apartment as described in the paragraph (b) at Eunpyeong-gu Seoul office in Eunpyeong-gu, Seoul (hereinafter “G”) on March 10, 2015, and Defendant A borrowed a construction business registration certificate and a construction business registration pocket book, and Defendant A was not the said company. However, even if the construction contractor is not the said company, the Defendants filed a false report stating “corporate name (E)” in the construction work column of the said report.

Summary of Evidence

1. Defendant A’s legal statement

1. The defendant B's partial statement

1. A protocol concerning the examination of suspect of the defendant A;

1. Statement made by the police with H;

1. The following circumstances acknowledged by the evidence duly adopted and examined by this Court, namely, Defendant A, along with his father H, was aware of the circumstances related to the construction of the said apartment building for three years.

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