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(영문) 서울중앙지방법원 2017.12.14 2017고정3609
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the owner who newly constructed a building for multi-family housing at the same time outside Seoul Special Metropolitan City, Nowon-gu.

No person shall receive a contract for or execute construction works by using the name or trade name of a constructor, or lend a construction business registration certificate or construction business registration pocket book.

Nevertheless, around April 2016, the Defendant paid KRW 3.5 million to a person who is unable to know his/her name to arrange the lending of a construction business registration certificate in the process of constructing a building for multi-family housing at a time outside Seoul Special Metropolitan City, Nowon-gu and one parcel of multi-family housing, under the name of the above company registration certificate, etc., and borrowed a copy, etc. of the construction business registration certificate of "C (State)" from the representative D of "C (State) necessary for reporting the commencement of construction works through a person whose name is unknown.

5. 12. He submitted a report on the commencement of construction to the Gwanak-gu Office.

Accordingly, the defendant constructed a building by leasing the construction business registration certificate of the CBA.

Summary of Evidence

1. Statement by the defendant in court;

1. Attachment of materials of the construction association, application for building permission, application for commencement report, copy of construction business registration certificate, copy of construction business registration pocketbook, and copy of standard contract for private construction works;

1. Application of the Acts and subordinate statutes reporting internal investigation to the police;

1. Relevant legal provisions and Articles 96 Subparag. 3 and 21(1) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017); selection of fines for criminal facts;

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

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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