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(영문) 수원지방법원 안산지원 2018.04.17 2017고정1299
건설산업기본법위반등
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. A person who violates the Framework Act on the Construction Industry (a lending in the name of a construction business) shall neither execute construction works nor lend a construction business registration certificate or construction business registration pocket book using the name or trade name of the constructor, the defendant constructed multi-family housing located in Guro-gu Seoul Metropolitan Government, and paid two million won rental fees through his/her name and influence, and reported the commencement of construction by lending documents for registration of the construction business of the C Co., Ltd.

2. From among residential buildings with a total floor area exceeding 661 square meters in violation of the Framework Act on the Construction Industry (violation of a construction contractor’s restriction), or residential buildings with a total floor area not exceeding 661 square meters, the construction contractor is required to construct apartment houses with a total floor area of not more than 647.67 square meters in the above date and place.

Summary of Evidence

1. Entry of the accused in the first trial records and the testimony by the accused in the court room;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of standard contract contracts, construction business registration certificates, and construction business pocket books-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Article 96 Subparag. 3, Article 21(1) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017); Article 96 Subparag. 5, and Article 41(1) of the same Act (amended by Act No. 14708, Mar. 21, 201); the choice of fines for each offense

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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