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(영문) 인천지방법원 2016.07.15 2016고정823
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the owner and contractor of multi-family housing in Incheon Southern-gu B.

1. No person who violates the prohibition against lending a construction business registration certificate, etc. 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;

On October 2, 2015, the Defendant paid KRW 1,00,000 to the name in the D coffee shop located in Incheon Nam-gu, Incheon, and leased the construction business registration certificate from the Defendant.

2. Multi-family housing which is a residential building the total floor area of which exceeds 661 square meters, shall be built by the constructor;

Even if the Defendant is not a constructor, as described in paragraph 1, received a construction business registration certificate from October 5, 2015, and constructed multi-family housing with a total floor area of 774.35 square meters in Incheon Southern-gu from October 5, 2015 to December 2, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. One-time protocol concerning G concerning the examination of suspects of the police;

1. Application of Acts and subordinate statutes to a commencement report;

1. Relevant Article of the Construction Industry Act, subparagraph 3 of Article 96 of the Framework Act on the Selection of Punishment, Article 21 (1) (a point of lending a certificate of registration for construction business), Article 96 subparagraph 5 of the Construction Industry Act, and Article 41 (1) of the Framework Act on the Construction Industry (a point of violation of the provisions on restrictions on constructors), and selection of fines for crimes;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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