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(영문) 수원지방법원 성남지원 2017.07.13 2017고정762
건설산업기본법위반
Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. 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 any construction works for constructing residential collective housing of which total floor area is not more than 661m2;

Nevertheless, on March 2016, the Defendant: (a) borrowed relevant documents, such as a construction business registration certificate in the name of the Dispute Settlement Bank D, which is necessary to report the commencement of the construction, to the name in order to lend KRW 5 million to the name in the name of the title holder of the Dispute Settlement Bank D; and (b) constructed multi-family housing of the total floor area of 597.73 square meters in the same place; and (c) constructed multi-family housing of the total floor area of 659.42 square meters in F.

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

Nevertheless, on March 2016, the Defendant: (a) lent the construction business registration certificate, etc. in the name of the Dispute Resolution Co., Ltd. and reported the commencement of construction work in the name of the Dispute Resolution Co., Ltd.; and (b) constructed multi-family housing (B) with a total floor area of 1,393.47mm2 in Nam-gu, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copy of each protocol concerning the examination of suspect of the police by I or J;

1. Data related to lending of D's license, such as reports on commencement of construction works and construction contracts;

1. Application of Acts and subordinate statutes to a report on the commencement of construction permits;

1. Article 96 subparagraph 3 of the Framework Act on the Construction Industry and Article 21 (1) (the point of borrowing a construction business registration certificate, etc.) of the Framework Act on the Construction Industry and Article 96 subparagraph 5 of the Framework Act on the Construction Industry and Article 41 (1) 2 (a) of the Act on the Construction Industry (the violation of the restriction on the construction contractor).

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