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(영문) 수원지방법원 성남지원 2016.06.29 2015고단3070
건설산업기본법위반
Text

Of the crimes No. 1 in the judgment of the defendant, the punishment of the attached Form No. 1, No. 2, and No. 3 shall be exempted once a year from the sight list, and the crime No. 1 in the judgment is among the crimes.

Reasons

Punishment of the crime

On June 19, 2013, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution for violating the Framework Act on the Construction Industry at the Seoul Northern District Court on October 31, 2013, and the judgment became final and conclusive on September 10, 2013. The Seoul Central District Court was sentenced to 1 year of imprisonment with prison labor and 2 years of suspended execution, and the judgment became final and conclusive on September 18, 2013.

No constructor shall allow any other person to contract or perform construction works by using his/her name or trade name, or lend his/her construction business registration certificate or construction business registration pocket book or arrange such contract.

1. On April 26, 2011, when D, which is a multi-household 106 constructor, in Gwangju-si, requires a construction business registration certificate, the Defendant: (a) paid 1.5 million won to Broers whose name is unknown and delivered all documents related to construction business registration certificates to G and D; and (b) delivered 2.5 million won to G and D as intermediary fees from D; and (c) revoked public prosecution Nos. 4-9 of the daily list of crimes listed in attached Table 1 by obtaining KRW 2.5 million or KRW 3 million from D.

As indicated in the note, from April 26, 201 to November 28, 2011, D arranged D to demand supply of or demand for construction works using the contractor’s trade name.

2. On November 19, 2013, the Defendant: (a) established and actually operated an I Stock Company with the name of H on November 19, 2013; and (b) was a person in charge of overall management

On May 8, 2014, the Defendant received KRW 50 to 90,000 as a license fee for construction business with respect to the construction works for the large-scale repair of Class 2 neighborhood living in Jongno-gu Seoul, Jongno-gu, Seoul with a mediation broker whose name is unknown, and had another person receive or execute construction works by using the trade name of the said I company for 367 occasions from November 21, 2013 to December 15, 2014.

Summary of Evidence

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