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(영문) 의정부지방법원 2017.02.16 2016고정2393
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No one shall receive a contract for construction works or execute construction works by using his/her name or trade name from a construction business operator or lend his/her construction business registration certificate or construction business registration pocket book;

Nevertheless, in order to construct a three-story structure warehouse equivalent to the total floor area of 2,079.54 square meters in Mancheon-si, Seocho-si, Mancheon-si, 2016, the Defendant paid 4 million won to the name influor of the above construction site and lent C the registration certificate of construction business to the company.

2. Construction works concerning the construction or substantial repair of a building for any purpose other than residence, the total floor area of which exceeds 495 square meters, of a construction contractor’s violation of restrictions, shall be performed by the constructor;

Although the Defendant is not a constructor registered pursuant to the Framework Act on the Construction Industry or any other Act, the Defendant leased a construction business registration certificate of a stock company C, as described in paragraph (1), from March 2016 to August 2016, and constructed a three-story structure warehouse equivalent to the total floor area of 2,079.54 square meters on the land listed in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes to a license lending construction business registration certificate, business registration certificate, pocket book, certified copy of register, and report on commencement of lending;

1. Relevant Article of the Act concerning facts constituting an offense, subparagraph 3 of Article 96, Article 21 (1) of the Framework Act on the Construction Industry (the occupation of a violation of prohibition against lending a construction business registration certificate, etc.) concerning the selection of a sentence, Article 96 subparagraph 5, and Article 41 of the Framework Act on the Construction Industry, and 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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