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(영문) 서울남부지방법원 2017.05.11 2017고정130
건설산업기본법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. No person who lends his/her construction business registration certificate shall lend his/her construction business registration certificate or construction business registration pocket book to another person;

Nevertheless, around June 2015, the Defendant borrowed the construction business registration certificate of the Guro-gu Seoul Metropolitan Government (State)C from a person whose name is unknown at a restaurant where the name in Guro-gu Seoul Metropolitan Government B is unknown.

2. For a residential building with a total floor area not exceeding 661 square meters, the construction works for collective housing under the Building Act shall be conducted by a constructor;

Although the Defendant is not a constructor registered pursuant to the Framework Act on the Construction Industry or other Acts, the Defendant performed construction work of multi-family housing with a total floor area of 475.32 square meters from June 2015 to December 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect of D;

1. Application of Acts and subordinate statutes to investigation reports (a copy of the document of application for building permission), investigation reports (Submission of a report on the commencement of construction works) and investigation reports;

1. Selection of a fine for a crime, Article 96 subparagraph 3 of the relevant Act, Article 21 (1) of the Framework Act on the Construction Industry, Article 96 subparagraph 5 of the Framework Act on the Construction Industry, and Article 41 (1) 2 (a) of the same Act, and each provision of a fine for negligence;

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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