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(영문) 서울동부지방법원 2019.02.14 2018고단3673
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A is the Gangdong-gu Seoul Metropolitan Government Multi-Family Housing (Urban Residential Housing) constructor.

1) No one shall execute construction works by using the name or trade name of a constructor or lend a construction business registration certificate or construction business registration pocket book. Nevertheless, the Defendant shall pay 800,000 won to a person who introduced the said construction site D D representative at the construction site, and have borrowed a construction business registration certificate, construction business registration pocket book, etc. from the said company. (2) A residential building with a total floor area exceeding 661 square meters or a residential apartment building with a total floor area not exceeding 661 square meters should be constructed by a constructor.

Nevertheless, the Defendant was not a constructor, but leased a construction business registration certificate, construction business registration pocketbook, etc., and obtained a building permit from the competent administrative agency as if the Plaintiff actually performed the construction business plan, and constructed a multi-family housing with the total floor area of 273.72 square meters in Gangdong-gu Seoul Metropolitan Government.

Summary of Evidence

1. The Defendant’s statement in court, while recognizing the facts charged, filed an issue of repeatedly punishing the Defendant with a construction business registration certificate, etc. lent at least three different occasions in the same time. However, if the owner is different, the construction amount differs, and unjust enrichment arising therefrom occurs, a separate punishment should be imposed.

1. A copy of each police interrogation protocol of the accused and E;

1. Application of Acts and subordinate statutes to accusations, requests for cooperation in investigation (documents on commencement of construction), and replies;

1. Article 96 Subparag. 3 of the Framework Act on the Construction Industry (amended by Act No. 14708, Mar. 21, 2017; hereinafter the same shall apply) and Article 21(1) of the former Framework Act on the Construction Industry (amended by Act No. 14708, Mar. 21, 201); subparagraph 5 of Article 96 and Article 41(1)2 (a) of the former 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. Article 70 of the Criminal Act for the Detention of Labor House Head.

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