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(영문) 수원지방법원 안양지원 2018.09.18 2018고단1101
건설산업기본법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

C Co., Ltd. (hereinafter referred to as “C”) is a constructor who has an office in the Gu D buildings and E during Ansan-si and has completed the registration of construction business pursuant to the Framework Act on Construction Industry.

Defendant

A is an internal director who is the representative of C, and the defendant B is an employee of C.

No constructor shall allow another person to contract or perform construction works 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.

A. On August 21, 2017, Defendant A lent F the construction business registration certificate and construction business registration pocket book to F in KRW 3 million, and F had F perform the construction work of newly constructed multi-family housing in the name of C in the name of G and 1 parcel outside of G in eternic City.

In addition, from April 13, 2017 to November 28, 2017, the Defendant lent C’s construction business registration certificate and construction business registration pocket book to other persons 117 times in total, as shown in the list of crimes, and had C perform construction works in the name of C.

B. Defendant B aided and abetted an act of violating the Framework Act on the Construction Industry by facilitating a crime, such as lending A’s construction business registration certificate and construction business registration pocket book to another person and allowing A to perform construction works under the name of C, sending documents related to the report on commencement of construction business, such as a construction business registration certificate, in order to assist it, and withdrawing and delivering the license fee deposited in the company account.

Summary of Evidence

1. Defendants’ legal statement

1. A written accusation;

1. Investigation report [Confirmation of the current status of report on the commencement of the construction project and confirmation of the construction site at the time of compatibility] Acts and subordinate statutes;

1. Relevant legal provisions and Defendant A’s choice of punishment for criminal facts: Defendant A is only a director of C in-house who is a constructor prescribed in Article 2 subparag. 7 of the Framework Act on the Construction Industry, and falls under a constructor prescribed in the above provision.

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