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(영문) 창원지방법원 진주지원 2015.10.08 2015고정427
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

B is a person who actually operates C, and the Defendant is a constructor, D is a person who operates E, a real estate consulting company, and F is a building owner of H building, which is an apartment house of the total floor area of the 1,295,774 square meters of the 7th floor in Scheon-si, Sacheon-si, and an apartment house of the 1,295,774 square meters of the 7th floor area of the ground

F In order to reduce the construction cost of H building construction, the F entrusted the construction work to the Defendant who has no comprehensive construction business license, and conspired to borrow the construction business license of C Co., Ltd. for construction work.

On June 21, 2012, around 15:00 on June 21, 2012, the Defendant and F obtained a construction business license from the E office operated by D in Sacheon-si I, with a rental fee of KRW 30 million to B, and the Defendant borrowed a construction business license from C so that the Defendant may perform the construction work of H building using the name or trade name of C.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D, B, J, F, and K;

1. The police statement of K;

1. A copy of construction business registration certificate, copy of construction business registration pocketbook, business registration certificate, certified copy of a corporate registry, and standard subcontract agreement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 96 Subparag. 3 and Article 21(1) of the former Framework Act on the Construction Industry (Amended by Act No. 12580, May 14, 2014); Article 30 of the Criminal Act concerning criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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