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(영문) 대전지방법원 천안지원 2020.02.20 2019고단3071
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

No person shall contract or perform construction works by lending his/her name or trade name from a construction business operator or lend his/her construction business registration certificate or construction business registration pocket book.

On August 6, 2018, the Defendant paid 300,000 won in cash to the person who arranged the lending of a construction business registration certificate, etc. in order to report the commencement of a collective housing to be newly constructed in the Dong-gu, Ansan-si, Gyeonggi-si, and submitted a construction business registration certificate, construction business registration pocketbook, and construction business registration pocketbook necessary for the report of commencement of construction, to the member-gu office in Ansan-si around August 30, 2018.

Accordingly, the defendant constructed a building by lending a construction business registration certificate and a construction business registration pocketbook in the name of the Bank of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment of oral documents);

1. Relevant provisions of the Framework Act on the Construction Industry and Articles 95-2 and 21 (2) of the same Act concerning criminal facts and the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Taking into account the fact that a person repeats a crime even though he/she has been punished once for the same kind of crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the fact that he/she is not subject to any other criminal punishment, and that

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