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(영문) 서울동부지방법원 2019.07.01 2019고단1318
건설산업기본법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the owner of a multi-family house in Young-gu B at the time of Suwon, and no person shall receive a contract for or execute construction works by lending his/her name or trade name from the constructor or lend his/her construction business registration certificate or construction business registration pocket book.

Nevertheless, in the case of small-scale buildings that do not fall under any of the subparagraphs of Article 41 (1) of the Framework Act on the Construction Industry and are directly constructed by the building owner, the permission-granting authority shall appoint a construction supervisor from among the persons who do not participate in the design of the building in question." In order to designate a designer as a supervisor, the Defendant borrowed a construction business registration certificate, etc. of a comprehensive construction company in order to submit a false construction report as if a comprehensive construction company, which is not directly constructed, instead of directly constructed construction, to submit a false construction report. On February 2, 2018, the Defendant received a lease of a construction business registration certificate, etc. of a C

Summary of Evidence

1. Statement by the defendant in court;

1. Application of notification-related Acts and subordinate statutes to requests for cooperation in investigation;

1. Relevant Article of the Framework Act on the Construction Industry and Articles 95-2 and 21 (2) of the same Act concerning facts constituting an offense;

1. Consideration of the fact that the suspended sentence was issued a summary order of KRW 7 million on August 10, 2017 due to the same kind of crime for sentencing under Article 62(1) of the Criminal Act.

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