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(영문) 인천지방법원 2016.11.18 2016고정3004
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the owner and contractor of multi-family housing under construction in B at his/her own city.

No person who violates the prohibition against lending a construction business registration certificate, etc. shall perform 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, around November 3, 2015, at the construction site above, 4 million won was paid to employees in charge of the failure of the name of the Jam comprehensive Construction Co., Ltd. and leased the registration certificate of the construction business of Jam Comprehensive Construction Co., Ltd. from them.

(b) Construction works concerning the construction or substantial repair of a residential building, the total floor area of which exceeds 661m2 in violation of a construction contractor’s restriction, shall be performed by the constructor;

Despite the fact that the Defendant is not a constructor, the Defendant constructed a residential apartment house with a total floor area of 1178.51 square meters from November 6, 2015 to June 2016 at the same construction site.

Summary of Evidence

1. Defendant's legal statement;

1. Report on commencement;

1. Application of Acts and subordinate statutes, such as construction registration certificate;

1. Relevant Article of the Framework Act on the Construction Industry, Article 96 subparagraph 3 of the same Article of the same Act, Article 21 (1) of the Framework Act on the Construction Industry for the Selection of Punishment, Article 96 subparagraph 5 of the same Act, Article 96 subparagraph 1 of the Framework Act on the Construction Industry, Article 41 (1) of the same

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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