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(영문) 서울동부지방법원 2017.11.10 2017고정1344
건설산업기본법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the constructor of the first-class neighborhood facility (commercial building) that was newly built in the Guri-si B and one lot of land in Gyeonggi-do.

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 the constructor or lend a construction business registration certificate or construction business registration pocket book;

Nevertheless, on July 2016, the Defendant paid KRW 3,00,000 to the employees of (hereinafter referred to as “non-standing”) C at the construction site of the Dong-si, Gyeonggi-do (hereinafter referred to as “C”) at the construction site of the Dong-si, Gyeonggi-do, and leased the registration certificate (registration number : D) from then.

2. A Class 1 neighboring facility, the total floor area of which exceeds 495 square meters, shall be built by a constructor;

Nevertheless, the Defendant leased the construction business registration certificate as stated in the facts constituting an offense No. 1, and constructed the Class 1 neighborhood facilities (commercial buildings) with the total floor area of 630.2 square meters from July 2016 to October 201 of the same year.

Summary of Evidence

1. Statement by the defendant in court;

1. Contract form and report on commencement of construction works;

1. Application of Acts and subordinate statutes to investigation reports (a copy of a certificate of registration of construction business);

1. Relevant legal provisions and Articles 96 subparag. 3 and 21 subparag. 1 (a) of the former Framework Act on the Construction Industry (amended by Act No. 14708, Mar. 21, 2017; hereinafter “Framework Act on the Construction Industry”) for criminal facts; Articles 96 subparag. 5 and 41(1) of the Framework Act on the Construction Industry (a) for which a certificate of registration for construction business has been leased; Articles 96 subparag. 5 and 41(1) (a) for construction works exceeding a total floor area of 495 square meters upon lending a certificate of registration for construction business); the selection of each fine

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;

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