logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2015.10.22 2015고정852
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. For residential buildings the total floor area of which exceeds 661 square meters, the constructor shall perform the relevant construction works;

Despite the fact that the Defendant is not a constructor, from the end of August 2013 to the beginning of February 2014, the Defendant constructed multi-family housing with the total floor area of 1,306.83 square meters in both weeks.

2. No person who rents a construction business registration certificate, etc. shall receive a contract for or execute construction works by using the name or trade name of another constructor, or lend a construction business registration certificate or construction business registration pocketbook;

Nevertheless, around August 2013, the Defendant borrowed a construction business registration certificate for the comprehensive construction of the presses and constructed the buildings identical to the preceding paragraph by using the trade name in the vicinity of the construction site, such as the preceding paragraph, from around August 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Second written examination of the accused by the prosecution;

1. A copy of each protocol of examination of suspect regarding D by the prosecution;

1. E statements;

1. The building permit ledger, etc.;

1. Application of Acts and subordinate statutes to a criminal investigation report (not to confirm contact information for reference);

1. Article 96 Subparag. 5 of the Framework Act on the Construction Industry for criminal facts, Articles 41(1)1 of the same Act for the selection of punishment (the fact of a violation of the restriction on a construction work executor), Article 96 Subparag. 3 of the former Framework Act on the Construction Industry (Amended by Act No. 12580, May 14, 2014); Article 21(1) of the former Framework Act on the Construction Industry (amended by Act No. 12580, May

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is the criminal record of the defendant in 2011, the defendant confessions a crime, the defendant's acquisition of a construction business license in the prosecutor's investigation and acquisition of the construction business license, and the defendant's application for formal trial.

arrow