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(영문) 수원지방법원 성남지원 2020.04.23 2020고단109
건설산업기본법위반
Text

Defendant

A shall be punished by a fine of KRW 10,000,000 and by a fine of KRW 5,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

B A Co., Ltd. is a company that owns a construction business registration certificate and constructs a building, and Defendant A is a representative director of B.

1. No defendant A constructor shall allow another person to contract or perform construction business by using his/her name or trade name, or lend his/her construction business registration certificate or construction business registration pocket book to another person;

Nevertheless, around February 6, 2018, the Defendant leased the construction business registration certificate to D at the new construction site of multi-household housing located in Gwangju-si, Gwangju-si.

2. Defendant B Co., Ltd. was a juristic person for which Defendant A is the representative director, and Defendant A lent his construction business registration certificate to Defendant D to commit an offense.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of D police statement;

1. Request to investigate an enterprise suspected of violating the Framework Act on the Construction Industry, notification of a constructor of a construction business registration certificate, submission of corporate data, and application of Acts and subordinate statutes;

1. Defendant A: Article 95-2 subparag. 2 and Article 21(1) of the Framework Act on the Construction Industry; Defendant B who selects a fine: Articles 98(2), 95-2 subparag. 2 and 21(1) of the Framework Act on the Construction Industry; Selection of a fine;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the content of the instant crime, the fact that the Defendants again committed the instant crime even though they had the same criminal record, together with the fact that they had committed the instant crime, shall be determined as ordered by taking into account the following factors: Defendant A’s age, character and conduct, environment, motive and means of the crime, etc.

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