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(영문) 인천지방법원 2018.05.09 2018고단890
건설산업기본법위반
Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 12 million won, and Defendant C shall be punished by a fine of 8 million won.

Reasons

Punishment of the crime

1. Defendants B and C are multi-family housing with a total floor area of 629.41m2 in Nam-gu Incheon Metropolitan City and co-contractor of multi-family housing with a total floor area of 629.41m2 in F.

(a) No person who violates the prohibition against lending a construction business registration certificate 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 June 2016, the Defendants conspired to make a 4 million won payment to a person in unsound name at the construction site of the above multi-family housing and leased the registration certificate of the G Co., Ltd.

(b) Construction works for residential buildings, the total floor area of which does not exceed 661m2, which are not more than 661m2, shall be performed by the constructor;

On June 20, 2016, Defendants conspired to construct the said multi-family housing, even if they were not a constructor at the construction site of the said multi-family housing.

2. Defendant B is a constructor of multi-family housing with a total floor area of 525.26 square meters located in Nam-gu Incheon Metropolitan City H.

(a) No person who violates the prohibition against lending a construction business registration certificate 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;

Around April 10, 2016, the Defendant paid in cash two million won to a person in unsound name at the above H, and was leased the registration certificate of G Co., Ltd.

(b) Construction works for residential buildings with a total floor area of not more than 661m2 in violation of restrictions imposed on a construction contractor shall be performed by the constructor;

On April 12, 2016, the Defendant constructed a construction work on the said collective housing even though it is not a constructor at the above H level.

3. Defendant A is a contractor of business facilities, the total floor area of which is 15,578.6 square meters in Gyeyang-gu I, Gyeyang-gu, Gyeonggi-do.

(a) Any person who violates the prohibition on lending a construction business registration certificate shall execute construction works or make a construction business registration certificate using the name or trade name of the constructor;

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