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(영문) 수원지방법원 성남지원 2017.08.30 2017고단1795
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

The defendant is the owner of four multi-family housing buildings located in Gwangju City D, E, F, and G.

1. No person who violates the prohibition against lending a construction business registration certificate, etc. shall perform 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;

On May 2016, 2016, the Defendant paid 8 million won to employees in charge of the name in the name of H corporation at the site of the construction work near Gwangju-si, Gwangju-si in relation to the construction of the said D, E, F, and G collective housing units, and lent the name in charge of the construction of H corporation.

2. Construction works for constructing or repairing a residential building, the total floor area of which does not exceed 661 square meters, or for constructing or repairing a residential building, the total floor area of which does not exceed 661 square meters, shall be performed by a constructor;

On June 7, 2016, the Defendant used the name of H Co., Ltd. as described in paragraph (1) around June 7, 2016, and constructed the apartment houses with the total floor area of 582.36 square meters in Gwangju City, which are residential buildings with the total floor area of 584.52 square meters in the above E, apartment houses which are residential buildings with the total floor area of 75.12 square meters in the above F, apartment houses which are residential buildings with the total floor area of 75.12 square meters in the above F, and apartment houses which are residential buildings with the total floor area of 594.

Summary of Evidence

1. Statement by the defendant in court;

1. Current status of reports on commencement of H;

1. Application of each building ledger, each report on commencement of construction works, standard contract for each construction works, each construction business registration certificate, and each field agency transfer-related Acts and subordinate statutes;

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 96 and 21 (1) (a point of borrowing a registration certificate, etc. of construction business), Article 96 subparagraph 5, and Article 41 (1) 1 and 2 (a) (a) of the Framework Act on the Construction Industry, and selection of fines for crimes;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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