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(영문) 수원지방법원 성남지원 2017.09.27 2017고단2091
건설산업기본법위반
Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

1. 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;

On August 2016, the Defendant paid 3 million won in cash in relation to the above B’s apartment houses, the above D’s apartment houses, and the above E’s total 3 units of apartment houses, at the construction site near the Shinsi-si-si-si-si-si-si-si-si-si-si-si, and received documents, such as the construction registration certificate of C, and completed the construction of three units of apartment houses.

2. Construction works for constructing or repairing a residential building the total floor area of which does not exceed 661 square meters and a residential building the total floor area of which exceeds 661 square meters shall be performed by a constructor;

A. Even if the Defendant is not a constructor, on August 17, 2016, using the name of the construction company C, which was leased as described in paragraph (1), the Defendant constructed and constructed multi-family housing, a residential building of the total floor area of 658.08 square meters located above the F of the wife F in the G-si city, and multi-family housing, a residential building of the total floor area of 658.08 square meters in the above E, respectively.

B. On September 7, 2016, even if the Defendant is not a constructor, the Defendant constructed and constructed multi-family housing, which is a residential building with a total floor area of 786.82m2m2 located in the wife-population B, in Permitted-si, using the construction name of C, which was leased, as described in paragraph (1) around September 7,

Summary of Evidence

1. Statement by the defendant in court;

1. Data sent to the traffic of national land;

1. Business registration certificate and construction business registration certificate;

1. Application of statutes to G of a copy of the protocol concerning interrogation of the police officer;

1. Selection of a fine for a crime under subparagraph 3 of Article 96 of the Framework Act on the Construction Industry, Article 21 (1), Article 96 subparagraph 5 of the same Act, Article 41 (1) 1, Article 96 subparagraph 5 of the same Act, and Article 96 subparagraph 2 (a) and Article 41 (1) 2 (a) of the same Act;

1. The aggravated Criminal Act for concurrent crimes.

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