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(영문) 서울북부지방법원 2018.10.19 2017고정1265
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

On February 3, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for an injury, assault, and two years of suspended execution at the Seoul Northern District Court, and the judgment became final and conclusive on September 19, 2017.

The defendant is the owner of a new urban residential housing construction project with the size of 341.87 square meters on the ground B of Seongbuk-gu Seoul Metropolitan Government, and C is the constructor who has been awarded a contract by the defendant.

When the construction business registration certificate of the constructor is required to carry out the above construction work, the defendant shall be gathered to obtain the registration certificate of the constructor C and the loan, and the defendant shall include four million won in the construction cost necessary for the loan of the registration certificate, and the defendant shall pay it to D, and D shall issue the above amount to the non-party on February 13, 2015, with the construction registration certificate in the name of "E", the construction business registration certificate in the name of "the registration book of the construction business", and the construction business registration pocketbook in the name of "E" in the jurisdiction of Seongbuk-gu Office, Seongbuk-gu, which reported the construction commencement in the name of "the

Accordingly, the defendant was lent a construction business registration certificate or construction business registration pocketbook from a construction business operator in collusion with the LABC.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Data on investigation reports (data reply on the current status of reports on the commencement of construction works of a stock company) and replies to Seongbuk-gu;

1. A contract for construction works, a construction design management plan, and a written consultation, among data to be submitted;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Subparagraph 3 of Article 96 of the Framework Act on the Construction Industry (Amended by Act No. 13469, Aug. 11, 2015); Article 21(1) of the Criminal Act; Article 30 of the Criminal Act; selection of fines for criminal facts;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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