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(영문) 서울중앙지방법원 2019.01.24 2018고단7310
건설산업기본법위반
Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of 15 million won for the defendant corporation B.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of the housing construction business in Seocho-gu Seoul Metropolitan Government C building and D, and Defendant A is an inside director of the corporation B.

1. Although Defendant A had another person receive or execute construction works by using his/her name or trade name or did not lend his/her construction business registration certificate or construction business registration pocket book to another person, the Defendant, around April 4, 2017, lent his/her construction business registration certificate, etc. to F, the actual contractor, at the site of new commercial housing construction located in Seo-gu Incheon, Seo-gu, Incheon, and leased the construction business registration certificate, etc. to ensure the construction of the said building, from September 18, 2017 to September 18, 2017.

2. Defendant B, a representative of the Defendant, committed the same offense as that of paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Current status of commencement reports;

1. The standard contract for each private construction project;

1. Each report on commencement of construction works;

1. Each aggregate building register;

1. Each ordinary building ledger;

1. Application of Acts and subordinate statutes to a crime inundation, contract document, and building ledger;

1. Article applicable to criminal facts;

A. Defendant A: Article 6 of the Addenda of each Framework Act on the Construction Industry (amended by Act No. 14708, Mar. 21, 2017); Article 96 Subparag. 3 and Article 21(1) of the former Framework Act on the Construction Industry (amended by Act No. 14708, Mar. 21, 2017)

B. Defendant B: Article 6 of the Addenda of each Framework Act on the Construction Industry (amended by Act No. 14708, Mar. 21, 2017); Articles 98(2), 96 subparag. 3, and 21(1) of the former Framework Act on the Construction Industry (amended by Act No. 14708, Mar. 21, 2017)

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A:

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