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(영문) 서울북부지방법원 2016.05.25 2016고단549
건설산업기본법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operated C in Seoul Special Metropolitan City, Nowon-gu, and the constructor shall not allow another person to receive or perform construction works using his/her name or trade name, nor lend his/her construction business registration certificate or construction business registration pocket book to another person.

Nevertheless, around March 20, 2015, the Defendant received KRW 50,000 from the building owner E of multi-household house with a total floor area of KRW 648.83 square meters in Seongbuk-gu Seoul, Seongbuk-gu, and issued all documents necessary for reporting the commencement of construction, including copies of construction business registration certificates and copies of construction business registration pocket books, and made the above E perform construction works using the above company's trade name. From March 9, 2015 to May 6, 2015, the Defendant received KRW 50,000 to KRW 30,000 per case from the building owner of each construction work, and issued them all documents necessary for the construction report including copies of construction business registration certificates and copies of construction business registration pocket books, and had them perform construction works using each of the above companies' trade name.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute on a written accusation;

1. Relevant Article of facts constituting a crime and subparagraph 3 of Article 96 and Article 21 of the Framework Act on the Construction Industry Selection of Punishment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In cases where the sentencing of Article 62-2 of the Social Services Criminal Act is flexible: A sentence of fine of ten million won: Imprisonment with prison labor for one year, a stay of execution for two years, a person who provides community service for more than 320 hours: The degree of a significant crime (total of 42 cases of contract total of 23.8 billion won, criminal proceeds of 94.0 million won), the record of punishment for more than a stay of execution (one time of this Chapter within 10 years): Confession, closure of business, etc.;

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