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(영문) 수원지방법원 2016.04.06 2016고단805
건설산업기본법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who respectively constructs multi-family housing of the size of 5 stories above ground, total floor area of 649.72 square meters on the land located in Suwon-si, Suwon-si; multi-family housing of the size of 651 square meters above ground on the land located in D; five stories above ground; multi-family housing of the size of 659.66 square meters on the land located in E; and multi-family housing of the size of 603.03 square meters above ground on the land located in F.

1. No person who violates the prohibition against lending a construction business registration certificate, etc. shall receive a contract for or execute construction works by using another person's name or trade name or lend a construction business registration certificate or construction business registration pocket book;

Nevertheless, the Defendant, not the construction contractor, from May 14, 2014 to October 1 of the same year, borrowed the construction business registration certificate from G, a construction license brokerage broker, from G, a construction license brokerage broker, and performed the construction work of each of the above apartment buildings using the trade name of the above companies.

2. The construction works of multi-family housing shall be performed by a constructor even if a residential building or a total floor area does not exceed 661m2, the total floor area of which exceeds 661m2;

Notwithstanding the fact that the Defendant is not a constructor, as described in paragraph (1), leased a construction business registration certificate from May 14, 2014 to October 1 of the same year and performed the construction work of each of the said multi-family housing.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to each aggregate building register, each copy of a permit to change the purpose of use of each building, each copy of each report on commencement of construction works, each copy of a report on change of construction participants, copy of standard contract for each private construction works, copy of each construction business registration certificate, copy of each construction business registration pocketbook,

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Article 96 subparagraph 3 of the Framework Act on the Construction Industry, Article 21 (1) of the same Act, and selection of imprisonment;

(b) Article 96 subparagraph 5 and Article 41 of the Framework Act on the Construction Industry, and selection of imprisonment;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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