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(영문) 인천지방법원 2016.10.19 2016고단4971
건설산업기본법위반
Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of twenty million won for the defendant corporation B.

Defendant

Co., Ltd.

Reasons

Punishment of the crime

1. Defendant A is the representative director of Company B, which has a comprehensive construction license.

No constructor shall allow another person to contract or perform construction works by using his/her name or trade name, or lend his/her construction business registration certificate or construction business registration pocket book to another person.

Nevertheless, around July 23, 2015, the Defendant lent the construction business registration certificate, business registration certificate, employee reduction system, etc. to I to report the commencement of construction work at the construction site at the construction site located at H in Gyeonggi-si, and received KRW 500,000 in return, and lent the construction business registration certificate at each construction site at the construction site at each 50,000 won from July 23, 2015 to December 15, 2015, as listed in the separate crime list from July 23, 2015 to December 15, 2015.

2. Defendant B Defendant B’s representative director, as described in paragraph (1), lent a construction business registration certificate to another person.

Summary of Evidence

1. Defendant A’s legal statement

1. All data, etc. necessary for reporting the commencement of construction works submitted by the suspect;

1. Copy of the interrogation protocol of the building owner involved;

1. Application of relevant Acts and subordinate statutes, including the report on commencement of construction works;

1. Article 96 Subparag. 3 of the Framework Act on the Construction Industry and Article 21(1) (Selection of Imprisonment): Articles 98(2), 96 Subparag. 3 and 21(1) of the Framework Act on the Construction Industry B: Each Framework Act on the Construction Industry;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (Defendant B Co., Ltd.) (hereinafter “Defendant A”) (the reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Defendant A”) was that the construction business operator who lent his/her construction business registration certificate was involved in the construction work on September 16, 2015 and the operation of

The case that can lead to a large-scale human life accident was the case.

The biggest reason for punishing lending of registration certificates is unregistered.

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