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(영문) 의정부지방법원 2017.03.30 2016고정2619
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is registered as an individual business operator, and a person who newly constructs and sells multi-household multi-family housing through a process order and direct management while constructing an urban living housing.

No one shall contract or perform construction works by lending his/her name or trade name from a construction business operator, or borrow a construction business registration certificate or construction business registration pocket book, and any construction works for constructing multi-family housing under the Building Act shall be conducted by a constructor.

To the extent that there is no substantial disadvantage in exercising the defendant's right of defense, part of the crime was revised.

Nevertheless, in order to newly build urban residential housing (a site area of 1,00 square meters, a four-story structure, and a residential apartment) located in B and one parcel outside of the Seoul Special Metropolitan City on February 2, 2016, the Defendant paid KRW 3.5 million to a person who is unable to know his/her name to arrange the lending of a construction business registration certificate in the Bank of Korea, under the name of the above company construction business registration certificate, etc., and lent his/her construction business registration certificate necessary for reporting construction commencement through a person whose name is unknown, on February 19, 2016, and constructed the above housing.

Summary of Evidence

1. Statement by the defendant in court;

1. All reports on commencement of C License Loans, reports on commencement of construction works, contract contracts, construction business registration certificates, construction business registration pocketbooks, business registration certificates, on-site transfer and employment certificates;

1. An investigation report (Attachment to a report on commencement of construction rental, or attachment to a report on examination of a suspect who actually lends a construction license);

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

1. Relevant legal provisions concerning facts constituting an offense, Article 96 Subparag. 3, Article 21 of the former Framework Act on the Construction Industry (amended by Act No. 14015, Feb. 3, 2016; hereinafter the same shall apply), Article 96 Subparag. 5, and Article 41 of the former Framework Act on the Construction Industry (amended by Act No. 14015, Feb. 3, 2016; hereinafter the same shall apply), and selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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