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(영문) 인천지방법원 2017.10.18 2017고단4831
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of D Co., Ltd. who is a constructor.

No constructor shall allow another person to contract or perform construction works by using his/her name or trade name or lend his/her construction business registration certificate or construction business registration pocket book to another person.

Nevertheless, around September 25, 2014, the Defendant leased the construction business registration certificate to F and G by sending a copy of the construction business registration certificate in the name of D and documents related to the report of commencement of construction work in the name of F and G, on condition that he/she will receive the unnameless construction loan brokerage slabker from the office D office located in Young-gu Seoul Metropolitan City, Suwon-gu, Suwon-si, Gyeonggi-do, and let F and G start the construction work of the said newly constructed multi-family housing using the trade name of D around September 25, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspects of the police against F or G;

1. Copy of the police statement made to I;

1. Application of Acts and subordinate statutes concerning data, such as standard construction subcontract agreements, reports on commencement, and construction business registration certificates;

1. Relevant legal provisions and Articles 96 Subparag. 3 and 21(1) of the former Framework Act on the Construction Industry (Amended by Act No. 12580, May 14, 2014); the choice of fines for criminal facts;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, lent a construction business registration certificate in return for payment in order to obtain economic benefits while operating a construction enterprise.

The defendant's act is very likely to disrupt the order of the construction business community and cause problems such as poor construction or safety accidents by causing losses to the construction business that operates normally.

In addition, there is a possibility of causing various legal disputes as well as the actual contractor and the nominal owner.

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