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(영문) 서울북부지방법원 2017.08.31 2017고정1017
건설산업기본법위반
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

Defendant

A is the owner of the residential apartment building in Eunpyeong-gu Seoul Metropolitan Government.

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;

Nevertheless, on June 2016, Police Officers paid 3 million won to the B construction site of Eunpyeong-gu Seoul Metropolitan Government and lent (registration number D) registration certificates to (ju)C (registration number D).

2. Multi-family housing, the total floor area of which does not exceed 661 square meters, shall be built by the constructor for any multi-family housing which is a residential building.

Nevertheless, the Defendant leased a construction business registration certificate as stated in the facts constituting a crime No. 1, and constructed a residential apartment with the total floor area of 404.18 square meters in Eunpyeong-gu Seoul, from the end of June 2016 to the beginning of December 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Contract form and report on commencement of construction works;

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

1. Relevant Article 96 of the Act on the Construction Industry, subparagraph 3 of Article 96 of the Framework Act on the Selection of Punishment, Article 21 (1) (a point of lease, such as a registration certificate, etc. of construction business), subparagraph 5 of Article 96 of the Framework Act on the Construction Industry, and Article 41 (1) (a point of violation of any restriction on construction works in the course of construction works), 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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