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(영문) 인천지방법원 2021.03.25 2020고단9602
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

The Defendant is a constructor of multi-household housing (1.2 billion won for construction, total floor area of 1317.09m2) located in Ischeon-si.

Although no one does conduct construction works by using the name or trade name of a constructor or lend a construction business registration certificate or construction business registration pocket book, the defendant requires a comprehensive construction license for the construction of the building, such as approval for the commencement of construction and approval for the completion of construction of the building, and upon receiving a recommendation from the employees of the design office in the name of the defendant, the defendant shall pay the above construction site amounting to KRW 45 million as a license fee to the police officer on July 13, 2018. In fact, the defendant directly executed the construction work from July 13, 2018 to January 7, 2019.

Accordingly, the Defendant lent the trade name of C and its construction business registration certificate to the Defendant.

Summary of Evidence

1. Documents concerning the defendant's legal licence lending;

1. Application of Acts and subordinate statutes to a criminal investigation report (at least 13,19,26 once a month);

1. Relevant legal provisions and Articles 95-2 subparag. 2 and 21(2) of the former Framework Act on the Construction Industry (Amended by Act No. 16415, Apr. 30, 2019); the selection of fines for criminal facts (see, e.g., Supreme Court Decision 95-2 subparag. 2 and 21(2)

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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