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(영문) 수원지방법원 2016.08.09 2016고단1218
건설산업기본법위반
Text

The crime No. 1.5 million won and No. 3 and 4 of the list of crimes in the judgment against the defendant.

Reasons

Punishment of the crime

On September 26, 2013, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution for a violation of the Framework Act on the Construction Industry from the Incheon District Court’s Branch Branch Branch, which became final and conclusive on January 11, 2014.

C has secured a building owner who intends to borrow a construction business registration certificate by returning to the construction site, and the defendant has obtained a construction business registration certificate, etc. from the construction business operator and conspired C to make a report on the commencement or completion of construction by using the construction business registration certificate borrowed as such.

C On September 2012, 2012, upon receipt of a request from a construction business operator E who performs one unit of multi-family housing with a total floor area of 748.358 square meters and a building area of 178.599 square meters, a construction business registration certificate was lent to E through C with a construction business registration certificate issued by a non-commercial entity around that time. Upon receipt of a construction business registration certificate issued by the F Co., Ltd, the Defendant lent the construction business registration certificate to E through C, and C was issued KRW 1.5 million as a rental fee.

As a result, the Defendant conspired with C to arrange the lending of a construction business registration certificate, and arranged the lending of a construction business registration certificate four times from around that time to June 2014, such as the list of crimes in the attached Table, and received a total of six million won as the lending fee.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Copy of the police interrogation protocol regarding E;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes of investigation report (Attachment to the suspect A's previous records);

1. Article 96 subparagraph 3 of the Framework Act on the Construction Industry and Article 21 (2) and Article 21 (1) (Selection of Penalty) of the same Act concerning facts constituting a crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act, which recognize and reflects his mistake.

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