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(영문) 의정부지방법원 고양지원 2018.12.13 2018고단1723
위조사문서행사등
Text

Defendant

A Imprisonment with prison labor for one year, and for eight months, each of the defendants B.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. Defendant A is the owner of a new urban-type residential housing (a total floor area of approximately 10,591 square meters; hereinafter “instant building”) located in Gyeyang-gu, Gyeyang-gu, Seoul, which was permitted to construct a building around October 15, 2015.

(a) A constructor shall construct a residential building the total floor area of which exceeds 661 square meters in violation of the Framework Act on the Construction Industry;

Nevertheless, during the period from March 2017 to May 2017, the Defendant, while carrying out construction of the instant building in the name of a corporation D, the construction of which was already cancelled, was carried out under the name of “E”, and was supplied to the Plaintiff with a total of 1,410 cubic meters of ready-mixed concrete (hereinafter “responding concrete”) from B, which carries on seaing business with the trade name of “E,” and subsequently, was directly carried out construction of the instant building despite the fact that the Defendant was not a constructor even if it was not a constructor.

B. In the process of performing illegal construction as mentioned in the above A, the Defendant did not have a fixed supply document issued by the manufacturer, on the grounds that the relationship between B, etc. and other construction materials supplied by the manufacturer were not a construction material that was normally distributed. On May 2017, the Defendant requested the Defendant to submit a document on the basis of transaction of ready-mixed, etc. from the senior viewing construction department, which was a supervisory authority that inspected the construction site of the instant building, which was a senior managing authority that conducted an inspection on the construction site of the instant building. During the period of illegal construction as mentioned in the above A, F Co., Ltd., which supplied ready-mixed normally to the site of the instant housing construction site, had the Nonindicted Co., Ltd., who had supplied ready-mixed normally at the site of the instant housing construction site, had the name-oriented parties forged and submitted the delivery document to the competent authorities.

In this regard, on May 22, 2017, the Defendant: (a) 4 companies, such as G Co., Ltd., a manufacturer of ready-mixed, etc., are ready-mixeds at the site of the instant housing construction work, from the high viewing construction division located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu.

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