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(영문) 의정부지방법원 2017.11.21 2017고단3230
건설산업기본법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of three million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A

(a) Construction works for multi-family housing shall be performed by a constructor even if a residential building the total floor area of which does not exceed 661m2;

Despite the fact that the Defendant is not a constructor registered with the Minister of Construction and Transportation, from August 18, 2016 to March 3, 2017, the Defendant constructed multi-household houses with a total floor area of 615 square meters with a total floor area of 4 stories above the ground 615 square meters on 7,00,000 F, and constructed multi-household houses with a total floor area of 603 square meters above the ground 4 stories on 2 lots outside G, and constructed multi-household houses with a total floor area of 625.92 square meters above the ground 4 stories in H.

(b) No person who lends a construction business registration certificate, etc. shall 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;

On July 2016, the Defendant paid a license fee of KRW 20 million to a person in unsound name, who is a hub for a license loan loan, at a new construction site, such as Mancheon-si and 7 parcels, and lent a construction business registration certificate and a construction registration pocket book of a stock company I, and constructed two multi-household houses after filing a commencement report on August 18, 2016 and November 4, 2016.

2. No person who defendant B shall 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;

On November 4, 2016, 2016, the Defendant paid KRW 10,00,000,000,000 to the name influenceer name, brobeer, who is the actual contractor, through A, at the site of a new construction project in Macheon-si, Hacheon-si, and lent the construction business registration certificate and construction registration pocket book of a corporation I, and constructed one multi-household house after the completion of the commencement report on November 4,

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of the police against J;

1. Application of Acts and subordinate statutes to all documents related to the reporting on commencement of construction works, land register, and transaction details;

1. Relevant legal provisions and Defendant A regarding criminal facts: Article 96 of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017).

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