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(영문) 인천지방법원 부천지원 2017.01.13 2016고정1526
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is the owner of a multi-family housing (a site area of 197.4m2 and a building area of 390.46m2) other than Seocheon-gu, Seocheon-gu.

No person shall borrow a construction business registration certificate or construction business registration pocket book of another constructor, execute construction works by using his/her name or trade name, and any construction works for constructing a multi-family housing shall be conducted by the constructor.

Nevertheless, the Defendant borrowed relevant documents, such as a construction business registration certificate, etc. in the name of C, which is necessary for reporting the commencement of construction in the name of the company C, even though he/she is not a constructor in Seocheon-gu, Seocheon-gu, Incheon and one parcel, around August 4, 2015, and reported the commencement of construction in around August 4, 2015, and constructed the said apartment house at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to a report on investigation [Attachment of a copy of the DNA letter representing C) and a copy of the construction permit];

1. Relevant Article 96 subparagraph 3 of the Construction Industry Act, Article 96 subparagraph 1 of the Framework Act on the Selection of Punishment, Article 21 (1) (Occupancys in a construction business registration certificate and a construction business registration pocketbook), Article 96 subparagraph 5 of the Construction Industry Act, and Article 41 (1) of the Framework Act on the Construction Industry, and selection of fines for crimes;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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