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(영문) 대전지방법원 천안지원 2018.04.20 2017고단2601
건설산업기본법위반
Text

Imprisonment with prison labor for each of the crimes described in Nos. 1 through 5 of the crime sight table in the judgment of the defendant, 6 months and ruling.

Reasons

Punishment of the crime

[criminal history] On September 1, 2016, the Defendant was sentenced to a suspended sentence of two years on September 9, 2016 to a violation of the Framework Act on the Construction Industry at Suwon Friwon, and the said judgment became final and conclusive on September 1, 2016.

[ criminal facts] No constructor shall allow another person to contract or execute 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, and no one shall arrange such acts.

Nevertheless, around November 4, 2015, the Defendant proposed that he pay KRW 2.5 million in cash on the condition that he/she lends a construction business registration certificate, etc. in the name of E corporation to the construction owner D at the site of Bupyeong-gu Incheon Metropolitan City Complex Construction Project, Bupyeong-gu, Incheon Metropolitan City, and that he/she arrange for lending construction business registration certificate by leasing all relevant documents, such as E corporation construction business registration certificate.

From the beginning of January 2017, the Defendant arranged to lend all relevant documents, such as construction business registration certificates, through the same method six times, as shown in the list of offenses, from that time to that of the first police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. A protocol concerning the examination of the suspect of the public prosecutor's office representative G;

1. Statement made by the prosecution with regard to I;

1. A copy of each summary order or text of the judgment, or reply to the requested data (current status of the authorization and permission);

1. Investigation report (report on results of telephone calls, such as D, etc. of witnesses), investigation report (report on listening to telephone statements, such as J from relevant witnesses);

1. Previous convictions: Inquiries about criminal history and the application of the text of judgment (the 520 to 548 pages of investigation records) Acts and subordinate statutes;

1. For each crime listed in Article 96 Subparag. 3, Article 21(2), and Article 21(1) of the Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017) and Articles 1 through 5 of the Act on the Punishment of Crimes, the applicable law for criminal facts, and the choice of fines for the remaining crimes

1. The latter part of Article 37 of the Criminal Code, provided that Article 39, Paragraph 1 of the Criminal Code (amended by Supreme Court Decision.

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