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(영문) 수원지방법원 성남지원 2017.08.09 2017고단1229
건설산업기본법위반
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

No person shall borrow a construction business registration certificate or construction business registration pocket book of another constructor, perform construction works by using his/her name or trade name, and any construction works for constructing residential buildings the total floor area of which exceeds 661 square meters shall be conducted by the constructor.

Nevertheless, on July 2016, the Defendant: (a) lent documents related to the construction business registration certificate, etc. in the name of Ansan-si, a member of the Seocho-si, and (b) lent the construction business registration certificate, etc. in the name of (ju) D to the Buddhist in the name of (ju) around July 21, 2016; and (c) constructed multi-family housing with a total floor area of 99.02 square meters in the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (attached documents, etc. of building permission);

1. A criminal investigation report (Attachment of materials for response to traffic of national land);

1. Investigation report (to attach a copy of the Eth of the D representative director E);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of building photographs);

1. Relevant Article of the Construction Industry Act, subparagraph 3 of Article 96, Article 21 (1) of the Framework Act on the Selection of Punishment, Articles 21 (1) (a point of borrowing a registration certificate, etc. of construction business), subparagraph 5 of Article 96, and Article 41 (1) 1 of the Framework Act on the Construction Industry concerning facts constituting a crime, the selection of fines, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Determination of the same type as the order shall be made by taking into account all the factors such as the number of borrowing and executing construction business registration certificates, etc. for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the scale of each construction work, the accused confessions all of the crimes, and the fact that there is a single kind of electric power;

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