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(영문) 수원지방법원 성남지원 2017.08.17 2017고정860
건설산업기본법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall borrow a construction business registration certificate or construction business registration pocket book of another constructor, perform construction works by using his/her name or trade name, and any construction works for which a building with a total floor area exceeding 495 square meters is constructed shall be conducted by a constructor.

Nevertheless, on January 2, 2015, the Defendant borrowed relevant documents, such as construction business registration certificate, etc. in the name of the Dispute Resolution Co., Ltd. which is necessary to report the commencement of construction, and filed a report on the commencement of construction in the name of the Dispute Resolution Co., Ltd. on January 22, 2015. In the same place, the Defendant constructed two-class neighborhood living facilities (animals, offices, and multi-family houses) with the total floor area of 612.958 square meters in the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a copy of an application for permission to alter the purpose of substantial repair of a building, a copy of the commencement report, a copy of the standard contract for construction works, a copy of the standard contract for private construction works, a copy of the construction business registration certificate (C), or a copy of the construction business registration pocket book (

1. Punishment of a fine for a crime under subparagraph 3 of Article 96 of the Framework Act on the Construction Industry (a point of borrowing a certificate, etc. of construction business), Article 96 subparagraph 5 of Article 96 of the Framework Act on the Construction Industry and Article 41 (1) 3 of the same Act (a point of violation of restrictions on constructors of construction works) and selection of fines;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the confession, reflection, frequency of execution, size of construction, balance of sentencing with the same kind of case, shall be taken into consideration equally;

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