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(영문) 서울남부지방법원 2017.09.14 2017고단3406
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. No constructor shall allow another person to perform construction works by using his/her name or trade name or lend his/her construction business registration certificate to another person, and no one shall become the other party;

On May 2015, the Defendant paid 2 million won to the persons related to the development of a large enterprise in Manyang-gu, Mayang-gu, Manyang-si, Masan-si, and leased the registration certificate of construction business to the development of the large enterprise.

2. A constructor shall construct collective housing with a total floor area of not more than 661 square meters;

Even if the Defendant is not a constructor, from May 2015 to November 2015, the Defendant constructed one multi-family housing with the total floor area of 659.86 square meters on a lot outside Manan-gu, Manan-gu, and Manan-gu, Mayang-si, and one lot.

Summary of Evidence

1. Statement by the defendant in court;

1. To file reports on criminal investigations, and to the application of the Acts and subordinate statutes on new materials;

1. Selection of a fine for a crime, Article 96 subparagraph 3 of the relevant Act, Article 21 (1) of the Framework Act on the Construction Industry, Article 96 subparagraph 5 of the Framework Act on the Construction Industry, and Article 41 (1) 2 (a) of the same Act, and each provision of a fine for negligence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the criminal defendant for sentencing under Article 334(1) of the Criminal Procedure Act had been sentenced to a fine on two occasions due to the same offense, the crime of this case was committed prior to the previous offense, and the defendant again does not lend such a license.

The punishment shall be determined as per the order, taking into account the fact that it is being taken.

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