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(영문) 의정부지방법원 2017.02.14 2017고단254
건설산업기본법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

No person shall arrange the lending of a construction business registration certificate or construction business registration pocket book to any third person.

On July 2015, the Defendant met “D” companies specializing in granting a construction license at a non-permanent location, and the Defendant arranged the construction license lending of the said company to the owner of the building and received the loan fee. The Defendant paid KRW 1.2 million per unit to the said E as the purchase cost of documents, such as the construction business registration certificate, and offered the remainder of the lease fee to the said E.

On November 6, 2015, the Defendant arranged to lend D's construction registration certificate to the owner G at the site of new construction of multi-household housing located in Seongbuk-gu Seoul Metropolitan Government, and received KRW 2.9 million in the name of the national bank account (H) in the name of D, and received KRW 2.9 million in total from July 28, 2015 to November 12, 2015, as shown in the list of crimes in the attached Table, and received KRW 404,480,000 in total from July 28, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Written opinion;

1. Investigation report (the details of monetary call entry and exit of bankbooks, and the details of ARS inquiries);

1. A report on investigation (a report on a separate case filed against a broker broker);

1. Investigation report (Attachment of Indictment for D-related Cases);

1. Investigation report (report on the results of a judgment rendered to I, J, and K);

1. Report on investigation (report on results of search and seizure);

1. A report on investigation (report accompanied by photographs, etc., such as a photograph before withdrawal);

1. Investigation report (Report on the confirmation of the account number used by Brazil J or K);

1. Details of each deposit and withdrawal;

1. Application of statutes on video data;

1. Article 96 subparagraph 3 of the Framework Act on the Construction Industry, Article 21 (2) of the same Act, Article 30 of the Criminal Act, and the choice of imprisonment for a crime;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The defendant shall be punished by a fine of two million won for a violation of the Framework Act on Construction Industry.

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