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(영문) 수원지방법원 안양지원 2015.01.22 2014고단1555 (1)
건설산업기본법위반방조
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

D The actual operator of (E) established for the purpose of lending the certificate of construction business registration (hereinafter referred to as “E”), and the constructor shall not allow any construction work to be supplied or executed, or lend his/her construction business registration certificate using his/her name or trade name. However, around April 2014, the Geumcheon-gu Seoul Metropolitan Government is to be paid KRW 3.5 million in return for the name transfer to G, which is the owner of the building for the six-story new multi-family housing construction project located in Geumcheon-gu, Seoul, and the said G directly executes the said construction work by using the trade name of E, and issuing all documents necessary for the commencement report, including the registration certificate of construction business, around March 19, 2014.

8. By December 12, 231, both in Seoul and Gyeonggi regions received the payment from the owner of each construction project or the construction business operator (actual construction business operator) in the amount from KRW 2 million to KRW 3 million each time as shown in the separate list of crimes, and by lending to him all documents necessary for the commencement report, such as E’s construction business registration certificate, business registration certificate, and construction business registration pocket book, thereby allowing them to perform each construction project using the E’s trade name.

Around March 2014, the Defendant: (a) received request from the foregoing D that “E is a company leasing a comprehensive construction business registration certificate; (b) paid KRW 2 million per month in consideration of the said company’s representative; and (c) consented thereto; (d) registered as an intra-company director around the 13th of the same month to assist D in operating a comprehensive construction business registration certificate lending business, even though D knows that it will engage in such comprehensive construction business; (b) later, he/she is required to attend as a representative of E in government offices or banks, etc., or to enter as a representative in connection with the construction business and to enter as a representative of E and enter into a contract as a representative, and in return, he/she received KRW 2 million per month from March 2014 to July 20 of the same year.

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