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(영문) 서울서부지방법원 2015.07.23 2014고정1574
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

No constructor shall allow any third 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 any third person, and no person who is not a constructor shall contract or execute construction works by using the name or trade name of the constructor or lend his/her construction business registration certificate or construction business registration pocket book.

1. On October 2010, Defendant A paid KRW 10 million to Defendant B in return for the use of the said F’s trade name at the office of “F Co., Ltd. operated by Defendant B” in ASEAN-si. From October 201 to January 201, Defendant A performed a new construction work of multi-family housing with a total floor area of 10 stories, 10 stories, 10 stories, and 653.85§³ in Eunpyeong-gu, Seoul.

2. Defendant B is a person who operates F Co., Ltd., a comprehensive construction company.

Defendant

B around October 201, at the F office located in ASEAN-si, A, after receiving KRW 10 million for consideration from Defendant A who did not obtain a comprehensive construction business license from the F office located in ASEAN-si, A used the trade name of the F company, and had Defendant A perform a new construction work of multi-family housing with a total floor area of 653.85 square meters below the ground level in 10 square meters in Eunpyeong-gu, Seoul.

Summary of Evidence

1. Defendants’ respective legal statements

1. The suspect interrogation protocol of Defendant B by the prosecution;

1. Partial statement of the witness H in the court;

1. The police statement of H;

1. A criminal investigation report (Submission of the detailed statement of payment of construction expenses B), the details of transactions of passbooks and bankbooks;

1. The application of Acts and subordinate statutes to a building design contract, a building supervision contract, and a contract for private construction works;

1. Defendants: Article 96 of the Framework Act on the Construction Industry and Articles 21 (1) of the same Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act.

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