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(영문) 인천지방법원 2019.01.10 2018고단6064
건설산업기본법위반
Text

A defendant shall be punished by imprisonment for six 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

[criminal power] On May 13, 2016, the Defendant was sentenced to a suspension of execution of four months of imprisonment for fraud at the Incheon District Court, which became final and conclusive on May 21, 2016.

【Criminal Facts】

1. No person who violates the Framework Act on the Construction Industry by lending a construction business registration certificate shall receive a contract for or perform construction works by lending his/her name or trade name or lend his/her construction business registration certificate or construction business registration pocket book;

Nevertheless, the defendant, around January 20, 2016, entered in the bill of this case in the Nam-gu Incheon Metropolitan City Dispute Resolution Co., Ltd. (former Trade Name: Dispute Resolution Co., Ltd.), but the bill of this case was changed to "AB" around January 21, 2016, which is prior to the date of the crime in this case, so it is corrected as above.

It has paid 3 million won in cash to the name of the persons concerned, and borrowed related documents, such as construction business registration certificate, etc. of the Bank of Korea.

2. A residential building with a total floor area not exceeding 661 square meters due to a violation of the Framework Act on the Construction Industry due to a violation of restrictions on construction contractors shall be constructed or repaired by a constructor for multi-family housing under the Building Act;

Nevertheless, even if the Defendant is not a constructor, the Defendant constructed one residential apartment house with the total floor area of 605.11 square meters from around March 26, 2016 to April 25, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. A copy of the police statement concerning F;

1. A copy of the commencement report, a copy of the report on change of construction participants, a copy of the contract, and a construction permit;

1. A copy of construction business registration certificate or copy thereof;

1. Copies of all the registered matters;

1. Approval for use (the reply to the inquiry of fact on December 12, 2018);

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, and Acts and subordinate statutes on December 21, 2018;

1. Relevant statutory provisions and the former Framework Act on the Construction Industry (amended by Act No. 14015, Feb. 3, 2016; hereinafter the same shall apply) concerning criminal facts.

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