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(영문) 서울남부지방법원 2017.06.14 2017고단771
건설산업기본법위반
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 29, 2016, Defendant A was sentenced to imprisonment with prison labor for a violation of the Framework Act on the Construction Industry at the Seoul Central District Court on August 7, 2016 and the said judgment became final and conclusive on October 7, 2016.

[Criminal facts] Defendant A is the actual representative of the N and 301 O in Geumcheon-gu Seoul Metropolitan Government, Defendant B and Defendant C respectively, Defendant D is the director of the above company, Defendant D is the head of the above company, Defendant E is the vice head of the above company, and Defendant E is the vice head of the above company.

1. No defendant A constructor shall allow any third person to contract or perform construction works by using his/her name or trade name, nor lend his/her construction business registration certificate or construction business registration pocket book to any third person, and no one shall arrange such act;

Nevertheless, the Defendant purchased all documents necessary for reporting the commencement of construction (hereinafter “Commencement”) including the registration certificate of construction business of the “construction company” in the name of the construction business registration certificate for the lending of construction business registration certificate from the “construction company that takes over the construction company”, and received a request for the lending from the representative of the construction company who intends to lend the construction business license to a non-licensed constructor, and from the related persons, and had the said company’s employees B, C, D, and E take charge of delivering the above “construction start-up sets” to the non-licensed constructor or the building owner.

The Defendant: (a) from June 2015 to April 2016, at the office of the foregoing O (State); (b) from P’s (State Q Q Q’s “Commencement”) established by P, the employees of P, B, C, D, and E, transfer the construction registration certificate to a non-licensed contractor; and (c) had the said non-licensed contractor construct the building using the trade name of Q for 72 occasions as shown in the attached Table of Crimes List.

2. Defendants B, C, Defendant D, and Defendant E.

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