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(영문) 서울중앙지방법원 2013.03.29 2012고단7271
건설산업기본법위반
Text

Defendant

A Imprisonment of 10 months, each of the defendants B, C, and D shall be punished by a fine of 2,00,000 won.

Defendant

B, C, and D respectively.

Reasons

Punishment of the crime

1. Defendant A, from April 201 to January 201, 201, operated the construction business under the trade name “H” from the office located in the office located in Songpa-gu Seoul Metropolitan building 205.

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, from April 201 to January 2012, the Defendant received 700,000 to 4,000,000 won, as indicated in the sight table, from non-construction companies, including I, B, C, and D, and lent to them all the documents necessary for the report of commencement of construction business by H, such as the registration certificate of construction business.

2. No defendant B shall allow another person to contract or perform construction works by using his/her name or trade name, nor lend his/her construction business registration certificate or construction business registration pocket book to another person, and become the other party;

Nevertheless, on July 201, the Defendant paid KRW 3,00,000 to the said A, and thereafter borrowed all the documents necessary for filing a report on the commencement of a "multi-family housing of 659.82m2m2 in Gyeonggi-si", such as a construction business registration certificate, from the Defendant.

3. No defendant C constructor shall allow another person to contract or perform construction works by using his/her name or trade name, nor lend his/her construction business registration certificate or construction business registration pocket book to another person, and shall become the other party;

Nevertheless, the Defendant paid KRW 800,00 to the said A prior to the viewing of the Namyang-si around the end of August 201, and received a loan from the Defendant for all the documents necessary for the report on the commencement of the construction project, including the construction business registration certificate, “multi-family housing of KRW 1,958 square meters in Nam-si, Namyang-si.”

4. Defendant D Constructors shall be other persons.

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