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(영문) 서울동부지방법원 2017.04.20 2017고단344
건설산업기본법위반
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of three million won.

However, the defendant A.

Reasons

Punishment of the crime

1. Defendant A is the representative of Geumcheon-gu Seoul Metropolitan Government E and 7 Dong 401.

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 April 2015, the Defendant: (a) obtained a construction commencement report, such as the construction business registration certificate, etc. issued by Skman Company B, and all the documents necessary for reporting the change of a construction work executor, from broker, to 30-1 million won per unit; (b) obtained a loan of all the documents from Ferger on June 1, 2015; (c) made Ferg, who used the relevant documents to construct a new H kindergarten located in Dong-gu, U.S. G (the owner: I) in the trade name of F Co., Ltd.; and (d) lent the construction business registration certificate using the trade name of Ferg in the attached Form from April 20, 2015 to September 18, 2015, using the same method to another person for more than 490 times as indicated in the list of crimes in the attached Form, and leased the construction business registration certificate.

2. Defendant B, a representative of the Defendant, committed the above violation in relation to the Defendant’s business.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (related to the issuance of a certificate of seal imprint, attaching a certificate of corporate seal imprint, and reporting on verification, such as a new certificate of commencement);

1. Application of Acts and subordinate statutes on response to national traffic;

1. Article 96 Subparag. 3, Article 21(2) and (1) of the Framework Act on the Construction Industry, and Article 98(2), Article 96 subparag. 3, Article 21(2) and (1) of the same Act, Article 98(2) and Articles 96 subparag. 3 and 21(1) of the Framework Act on the Construction Industry;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act

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

1. The community service order (defendant A) under Article 62-2 of the Criminal Act;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is in line with the order of provisional payment (Defendant B).

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