logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2017.03.23 2017고정228
건설산업기본법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 5,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

The Defendants are the owners who jointly construct the collective housing of the total floor area of 494.96m2 in Bupyeong-si in the name of Defendant B, and Defendant A are the owners who jointly construct the collective housing in the name of the principal.

1. Any construction works for residential buildings the total floor area of which exceeds 661m2 in violation of the Framework Act on the Construction Industry concerning construction activities by any person, other than a constructor, or for construction of collective housing the total floor area of which is not more than 61m2

Nevertheless, the Defendants conspired to construct multi-family housing with a total floor area of 494.96 square meters at the same place around April 2014, even though the Defendants were not constructors.

2. No person who violates the Framework Act on the Construction Industry concerning Lending a construction business registration certificate shall perform construction works by using the name or trade name of another constructor or lend a construction business registration certificate or construction business registration pocket book;

Nevertheless, on April 2014, the Defendants conspired to pay 2 million won to the person in unsound name at the same place, and constructed multi-family housing with the total floor area of 494.96 square meters as in paragraph (1) by borrowing the registration certificate of construction business in the name of comprehensive construction company from the former.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. As to the investigation report (as to the comprehensive construction of the report), an investigation report

1. Application of Acts and subordinate statutes to data related to violation of the Framework Act on the Construction Industry;

1. Article 96 subparagraph 5 of the Act on the Construction Industry, Article 41 (1) 2 of the Framework Act on the Selection of Punishment, Article 30 of the Criminal Act, Article 96 subparagraph 3 of the Framework Act on the Construction Industry, Article 21 (1) of the Criminal Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, and the selection of fines for crimes;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

arrow