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(영문) 수원지방법원 성남지원 2016.12.14 2016고단3357
건설산업기본법위반
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

No person shall borrow a construction business registration certificate or construction business registration pocket book of another constructor, perform construction works by using his/her name or trade name, and construction works for constructing residential buildings the total floor area of which exceeds 661 square meters shall be conducted by the constructor.

Nevertheless, on December 3, 2015, the Defendant lent the relevant documents, such as a construction business registration certificate in the name of the Dispute Resolution Co., Ltd., which is necessary to report the commencement of construction, to a person with poor names, even though he/she is not a constructor, and reported the commencement of construction around December 3, 2015, and completed construction of multi-family housing of 700.83 square meters in total floor area (A), multi-family housing of 732.64 square meters in total floor area (E) in D, and construction of multi-family housing of 717.68 square meters in total floor area (G) in F.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of suspect examination of H by the police;

1. Application of Acts and subordinate statutes on reports on commencement;

1. Articles 96 subparagraph 3 and 21 (1) of the Framework Act on the Construction Industry (the occupation of borrowing a construction business registration certificate and a construction business registration pocketbook), subparagraph 5 of Article 96 and Article 41 (1) of each Framework Act on the Construction Industry concerning criminal facts, the selection of fines for each of the relevant provisions;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Lending the name of a construction business subject to the sentencing of Article 334(1) of the Criminal Procedure Act with the reason for the sentencing order under Article 334(1) is an unfavorable circumstance, under which the fact that there is no criminal record for the defendant, and the relationship between the owner and the defendant is favorable. In light of the balance between the owner and the defendant, the sentence as ordered shall be determined by taking into account the following factors:

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