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(영문) 서울동부지방법원 2019.06.21 2019고정201
건설산업기본법위반등
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

The defendant is the actual owner of multi-family housing in Gwangjin-gu in Seoul.

1. No person shall contract or execute construction works by lending his/her name or trade name from a constructor or lend his/her construction business registration certificate or construction business registration pocket book;

On February 2, 2018, the Defendant paid KRW 2,000,000 to a person who has no name at a coffee shop near the Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu Office and lent a construction business registration certificate, etc. of the C Co., Ltd.

2. A project owner who intends to commence construction works of a building for which building permission has been granted shall report the construction plan to the permitting authority, and no one shall make a false report on such commencement;

Around March 6, 2018, the Defendant filed a false report on the commencement of construction work with the Gwangjin-gu Office located in Gwangjin-gu Seoul Special Metropolitan City, while C Co., Ltd. did not construct the above multi-family housing, upon entering the contractor as C Co., Ltd. and submitting C Co., Ltd. as the contractor, along with the contract document and the construction business registration certificate specified in paragraph (1).

3. The Defendant submitted a false report on commencement of construction at the date, time, and place described in paragraph (2) as stated in paragraph (2), and made a public official in charge of examining whether the construction contractor’s provision under Article 41 of the Framework Act on the Construction Industry is violated is believed to be performed by C Co., Ltd. and issued a report completion certificate on commencement of construction on March 7, 2018.

Accordingly, the defendant interfered with the legitimate execution of duties by public officials in charge of Gwangjin-gu's office who handle the reporting of commencement by fraudulent means.

4. A constructor who has a comprehensive construction license shall perform construction works concerning the construction or substantial repair of multi-family housing among residential buildings with a total floor area of not more than 661§³;

The Defendant did not have a comprehensive construction license, on March 2018.

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