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(영문) 의정부지방법원 2020.12.17 2019고정1165
건설산업기본법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

(D) On March 22, 2018, upon receiving a contract from I for a “H Hospital New Construction Project” (hereinafter “New Construction Project”), D entered into a contract under the name of “F Company G” in the name of the said “F,” with the constructor operating the “F” in Nam-si, Nam-si.

J received a request from L operating “K” as a constructor, and from July 2018, “G” operating “SG” to “G and lend C’s license as it may not be likely to cause damage to that site and cause damage to that site.”

Defendant

A accepted a proposal that “C Co., Ltd. established for the purpose of civil engineering and construction work in the Macheon-si M building and N,” “C Co., Ltd.,” from J around July 2018, the J loaned its license as to the construction work of H Hospital. If so, it would be 5% of the construction cost.” and accepted that “C Co., Ltd.,” will carry out the construction work in the name of “C Co., Ltd.”.

(Criminal Facts)

1. No D shall contract or perform construction works by lending his/her name or trade name from a constructor or lend his/her construction business registration certificate or construction business registration pocket book;

Nevertheless, around July 2018, D borrowed a construction business license of "C Co., Ltd." from Skju City Co., Ltd., and entered into a new construction business with the said company's trade name.

2. No defendant A constructor shall allow another 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 to another person;

Nevertheless, at the request of the J around July 2018, the Defendant leased D a construction business license of “C” corporation to D, and caused D to do so with the trade name of the said corporation as described in paragraph (1) above.

3.The J shall make his own decision to another person by the constructor.

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