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(영문) 수원지방법원 안양지원 2015.04.09 2014고단1762
건설산업기본법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

No constructor shall allow another person to contract or perform construction works by using his/her name or trade name, or lend his/her construction business registration certificate or construction business registration pocket book to another person.

Nevertheless, on April 1, 2013, the Defendant, while running a construction business with the trade name of “stock company D”, received KRW 3 million from the owner F to deliver all documents necessary for reporting the commencement of construction work, such as the construction business registration certificate of the company D, to him, and had him perform the construction work. From January 2013 to August 201 of the same year, the Defendant received KRW 1.5 million per time from each owner of building or construction business (actual construction business), including G, F, H, I, etc., and received KRW 1.5 million per time from each owner of building or construction business (actual construction business) including G, F, H, and I, and had the stock company receive or execute all documents necessary for reporting the commencement of construction work, such as D’s registration certificate, business operator registration certificate, and construction business registration pocket, with the trade name of D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to the Prosecutor's Office;

1. The police statement of K;

1. A written accusation for the preparation of the Gyeonggi-do Council of the Korea Construction Association;

1. Details of a report on the commencement of construction works, a construction engineer holding certificate, each report on commencement of construction works, standard contract for private construction works, all of the registered matters, the records of transactions in the D Account Settlement Bank, inquiry statement about the details of transactions in each corporation, the current status of reporting the commencement of construction works in the D Accounting Bank;

1. Application of Acts and subordinate statutes to each investigation report (to listen to the hearing of reference L phone statements, hearing of reference M phone statements, hearing of reference N phone statements, hearing of reference persons' O telephone statements, hearing of reference persons' P telephone statements, hearing of reference persons' P telephone statements, reporting on the results of execution of an account tracking warrant -

1. Article 96 Subparag. 3 of the former Framework Act on the Construction Industry (amended by Act No. 12580, May 14, 2014) and Article 21(1) of the former Framework Act on the Construction Industry (amended by Act No. 12580, May 14, 201) regarding criminal facts.

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