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(영문) 서울북부지방법원 2018.06.15 2018고단686
건설산업기본법위반
Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 10,000,000 won, respectively.

except that this judgment.

Reasons

Punishment of the crime

1. Defendant A is a constructor who registered construction business with the trade name called “B” in November 4, 2016.

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.

Nevertheless, on February 26, 2017, the Defendant lent the construction business registration certificate and construction business registration pocket book in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, to E, a building owner, and had E file a report on the commencement of construction works in the name of the Dispute Settlement BankB with respect to the “Seoul Seongbuk-gu, F, and one parcel of land” construction works, including having E file a report on the commencement of construction works in the name of the Dispute Settlement BankB, as shown in the separate crime log, from November 2016 to April 2017, the Defendant used his name or trade name to supply or execute construction works or lent a construction business registration certificate or construction business registration pocket to other persons at least 52 times in total.

2. Defendant B, a representative director of the Defendant, committed an illegal act as described in paragraph (1) with respect to the Defendant’s business at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A written protocol concerning the examination of the suspect against the defendant A by the prosecution;

1. Data on replies;

1. Each report on commencement of construction works;

1. Financial account details;

1. Copy of construction business registration certificate;

1. Application of Acts and subordinate statutes governing entire documents on register;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017; hereinafter the same shall apply)

Article 96 Subparag. 3, Article 21 (Occupancys, such as the name of the construction business), and the choice of imprisonment, respectively.

(b) Defendant B: Articles 98(2), 96 subparag. 3 and 21 of the Framework Act on the Construction Industry;

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. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B Co., Ltd.: The grounds for sentencing of Article 334(1) of the Criminal Procedure Act are against the Defendants.

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