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(영문) 대전지방법원 논산지원 2013.08.30 2013고단203
건설산업기본법위반
Text

1. Defendant A shall be punished by a fine of three million won, and Defendant B shall be punished by imprisonment for six months.

2. The defendant corporation.

Reasons

Punishment of the crime

[Criminal Justice] On February 17, 2012, Defendant B was sentenced to imprisonment of two years and six months for fraud in the Daejeon District Court’s Branch of the Daejeon District Court on February 17, 2012, and the judgment became final and conclusive on October 12, 2012.

【Criminal Facts】

Defendant

A is a company with the purpose of indoor building business, etc., and Defendant B is a person who served as a business director of the above company from January 2008 to May 2010.

1. Defendant B

A. A person who intends to run a construction business violating the Framework Act on the Construction Industry shall register the construction business with the Minister of Land, Infrastructure and Transport according to the category of business. However, the Defendant entered into a contract with D secondary schools located in Yangcheon-gu Seoul Metropolitan Government with a view to KRW 19,900,000 for the cost of the construction work inside the school room at the D secondary schools located in Yangcheon-gu Seoul Metropolitan Government, and carried on the construction business by not later than March 30, 2010.

B. The Defendant had the intention to forge a construction business registration certificate in the name of the above company, who was demanded by D Middle Schools to submit a construction business registration certificate in relation to the above construction work.

On April 2010, the Defendant received a file of construction business registration certificate under the name of the head of Seocho-gu by using computers from the office of a stock company A located in Gangseo-gu Seoul Metropolitan Government, and then printed out one copy of the above construction business registration certificate to “(State)A”, “F”, “G” and “G”, respectively.

Accordingly, the defendant forged a construction business registration certificate under the name of the head of Seocho-gu, an official document.

C. On April 2010, the Defendant was at the above D Middle School.

As in the same paragraph, one copy of the forged construction business registration certificate was issued to the head of the administrative office of the above school who is unaware of the fact and exercised as if it was duly formed.

2. Defendant A Co., Ltd.

B, a business director of the defendant at the time and place described in the paragraph, does not register the construction business as above with respect to the defendant's business.

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