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(영문) 인천지방법원 2019.02.15 2018고정2783
건설산업기본법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A is a project owner who has constructed a building for multi-family housing in Yandong-gu B at the time of the Gyeonggi-do.

No person shall receive a contract for or execute construction works by using the name or trade name of a constructor, or lend a construction business registration certificate or construction business registration pocketbook.

Nevertheless, in February 2018, the Defendant issued 4 million won to a person whose name is not known in the course of constructing a building for multi-family housing at the end of the Gyeonggi-gu Incheon Metropolitan City, which was the end of the game, subject to the lease of a construction business registration certificate and a construction business pocket book, etc. of the C stock company, and received a lease of relevant documents, such as a construction business registration certificate of C stock company necessary for reporting the commencement of construction work, a copy of a standard contract for private sector, and submitted a report of commencement to

As a result, Defendant A was leased the registration certificate of construction business of C Stock Company.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the registration certificate, etc. of construction business in the name of C Co., Ltd., report (in the case of representative director D of C Co., Ltd.), interrogation protocol of D Co., Ltd., records on the first and second public perusal, replys to the request for

1. Relevant provisions of the Framework Act on the Construction Industry and Articles 95-2 and 21 (2) of the same Act concerning criminal facts and the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the fine for a summary order shall be reduced in consideration of the fact that the defendant for sentencing under Article 334(1) of the Provisional Payment Order reported the commencement of construction by borrowing a construction business registration certificate, etc. of another company, but he/she completed construction business registration in the trade name called a stock company E on August

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