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(영문) 의정부지방법원 2018.07.26 2018고정892
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

No person shall perform construction works by using the name or trade name of a construction business operator or lend a construction business registration certificate or construction business registration pocket book to another person.

Construction works for residential buildings of which total floor area exceeds 661 square meters, residential buildings of which total floor area is 661 square meters or less, and multi-family housing and residential buildings of which total floor area exceeds 495 square meters, shall be performed by constructors.

1. On August 5, 2016, the Defendant borrowed a construction business registration certificate, etc., and constructed a multi-family housing (a total floor area of 591.48 square meters) which is a residential building (a residential building) after paying a license fee of KRW 1.5 million to the person under the name of the bromoer, who is the name of the bromoer of the license loan, and completing a construction registration certificate and a construction registration pocket book necessary for the construction work in the name of

2. Notwithstanding that the Defendant was not a constructor registered with the Minister of Construction and Transportation, the Defendant constructed multi-family housing (total floor area of 591.48 square meters) that is a residential building, as described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Contract, registration certificate, pocket book, investigation report (a copy of forwarding of the case), case forwarding/gresponding (F)

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article of the Act on Criminal Facts, Article 96 Subparag. 3 of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017; hereinafter the same shall apply), Article 21(1) (a) of the former Framework Act on the Construction Industry, Article 96 Subparag. 5 and 41 of the former Framework Act on the Construction Industry, and selection of fines for each crime;

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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are examined, and the fact that the defendant recognizes all the criminal facts of this case and reflects his mistake is favorable to the defendant.

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