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(영문) 수원지방법원 성남지원 2016.12.23 2016고단3356
건설산업기본법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person shall borrow a construction business registration certificate or construction business registration pocket book of another constructor, perform construction works by using his/her name or trade name, and construction works for constructing residential buildings the total floor area of which exceeds 661 square meters shall be conducted by the constructor.

1. Around December 2015, the Defendant: (a) lent relevant documents, such as a construction business registration certificate in the name of the Dispute Settlement Bank C, which is necessary to report the commencement of construction, to a person with no name, even though he/she is not a constructor; (b) reported the commencement of construction on or around December 3, 2015; and (c) constructed multi-family housing (owner: D) with a total floor area of 726.7 square meters at the same place on or around February 2016.

2. Around December 2015, in Gwangju City, even if the constructor is not a constructor, relevant documents, such as a construction business registration certificate, etc. in the name of the developer F, which is necessary for reporting the commencement of the construction project, were lent to the person under the name of the purchaser of the name, and reported the commencement of the construction project on or around March 10, 2016, and constructed multi-family housing with a total floor area of 686.04 square meters at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol concerning the examination of suspect of H;

1. Application of Acts and subordinate statutes to a report on the commencement of construction (B) and a report on the commencement of construction (E and one parcel);

1. Unlike the former Act, Article 96 Subparag. 3 and Article 21 of the Framework Act on the Construction Industry for criminal facts and the selection of punishment, Article 96 Subparag. 3 and Article 21 of the same Act for each of the choice of a construction business registration, and Article 14015 of the Framework Act on the Construction Industry (amended by Act No. 14015, Feb. 3, 2016) provides that minor construction works under the proviso to Article 9(1) of the same Act may be constructed by persons other

Article 96 subparagraph 5 of Article 96 and subparagraph 2 (a) of Article 41, and the selection of each fine

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The same punishment as the order shall be imposed in consideration of the frequency of borrowing and executing construction business registration certificates, etc. with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, scale of construction work, relationship with the owner, confession, etc.

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